Southeast ADA Center
2023
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Dylan Campbell wanted to enjoy the Krakatua Aqua Coaster at Universal’s Volcano Bay waterpark. He was not allowed on the ride by the ride operator and was told he was unable to ride safely because he had only one hand. The Florida District Court ruled in favor of the water park, agreeing with Universal that state ride mandates were “necessary” as used in the Americans with Disabilities Act.
Campbell appealed to the 11th Circuit Court of Appeals. The Court ruled that following state law did not qualify as “necessary” under 42 U.S.C. § 12182(b)(2)(A)(i) of Title III of the Americans with Disabilities Act (“ADA”).
Specifically, the 11th Circuit Court ruled that manufacturer-imposed safety requirements were “necessary” only when they were related to actual health and safety risks of guests. The Circuit Court rejected the District Court’s reasons for refusing to permit Campbell on the ride. The case was vacated and remanded back to the lower District Court, meaning the Circuit Court overruled the lower court.
https://adasoutheast.org/court/campbell-v-universal-city-dev-partners/
Keywords: ADA Title III, Americans with Disabilities Act, amusement ride eligibility criteria, disability, discrimination, limb difference, manufacturer compliance, public accommodation, risk assessment, state law