ORLANDO, Fla. – Universal’s Volcano Bay water park may have violated the Americans with Disabilities Act by not allowing a man with one hand to ride a water attraction, a U.S. appeals court ruled Friday.
Dylan Campbell was barred from riding the Krakatua Aqua Coaster in 2019 by Universal employees because he does not have a right forearm or hand.
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Campbell sued, but Universal successfully convinced a district court to throw out the suit because Florida law said Universal had to comply with manufacturer recommendations. The company argued that the ride’s manufacturer forbade people who were missing arms from riding the ride.
However, Universal admitted that the manufacturer had identified “no specific risks” of riding with one hand, records show. According to the ruling, the manufacturer only had specific safety concerns about people riding while wearing prosthetic limbs and Campbell didn’t have one.
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Campbell appealed the lower court’s ruling.
The appeals court ruled that Universal failed to show that the decision to bar Campbell from the ride was necessary, in compliance with the ADA criteria. The court said the manufacturer’s recommendation was not based on actual safety risks, so state law is preempted in this case.
“When we employ all the tools in our statutory-interpretation toolbox, we must conclude that the text of the ADA precludes us from finding that it is ‘necessary’ to comply with state law when state law otherwise requires a public accommodation to violate the ADA,” the court ruled.
In other words, “If federal law requires Universal to allow Campbell to ride, and state law forbids it, then Universal must let Campbell ride.”
The appeals court has sent the case back to the lower district court for further proceedings.
Campbell v. Universal by Christie Zizo on Scribd
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