Animal park bans cycle of man with CMT

[Guest guest]

Animal park bans cycle

Safety cited over disabled man's bike

By W.

http://www3.signonsandiego.com/stories/2009/may/02/1m2zoo005347-animal-park-bans\

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The San Diego Zoo and its Wild Animal Park have rules for what modes of

transportation are allowed on their grounds. Here are some devices and the zoo's

position on their use.

Strollers: yes

Double-wide strollers: yes

Wheelchairs: yes

Scooters (mechanized and foot-powered) for children: no

Motorized scooters for the elderly or disabled: Depends on the device

Skateboards: no

Roller skates: no

Unicycles: no

Bicycles: no

Segways: Are with medical necessity

Doug Qua has shared his enjoyment of the exotic animals and lush scenery of the

San Diego Zoo with his children, and then his grandchildren, since 1957.

The 78-year-old mont resident has seen his health deteriorate over the

years. He went from being able to stroll the grounds without assistance, to

using a cane, and then a walker.

In February, he began riding a pedal-driven three-wheel cycle on visits to the

zoo's 1,800-acre Wild Animal Park, where he gets a kick out of the lions.

He pedaled around the North County attraction eight times between mid-February

and April 28 – the day a zoo employee told him he would no longer be allowed in

the sometimes-hilly park on his three-wheeler because of safety concerns.

Qua believes his red tricycle, with brakes in front and back, is safer than

wheelchairs, scooters and even strollers that the zoo allows every day. He is

angered because the zoo won't allow him use of the mobility device that best

fits his needs.

" If they have a rationale that says it's too dangerous, then get rid of the

wheelchairs and get rid of the strollers, " Qua said. " To arbitrarily say you

can't come in because this doesn't fit our cookie-cutter mold is irritating. "

The zoo's operations staff reviewed Qua's use of the three-wheeler and decided

it violated the park's policy on which conveyances are permitted, said zoo

spokeswoman . The policy is intended to protect the safety of

visitors.

" This comes under the heading that we don't allow bicycles in our facilities, "

said. " The zoo and Wild Animal Park have terrain challenges that include

areas that are steep and rough, and we also have narrow pathways. "

Under the law, the three-wheeler could be banned only after an objective

analysis of Qua's individual situation showed it to be unsafe, said Amy

Vandeveld, a San Diego lawyer specializing in access litigation.

Lacking such consideration could violate the federal Americans with Disabilities

Act, Vandeveld said.

She said the zoo also cannot assume that a disabled person cannot manage up a

slope or through a narrow path without proof. As with the able-bodied community,

people with disabilities have varying degrees of ability, she said.

" Disability doesn't necessarily mean inability, " Vandeveld said.

The zoo's said no one from her organization did an assessment to

determine Qua's ability to negotiate the property before deciding to put the

brakes on the three-wheeler.

Zoo personnel offered Qua the use of a manual or electric-powered wheelchair, or

a slow-speed scooter when visiting the Wild Animal Park, but he declined,

said.

Qua said he did so because the disease he lives with has robbed him of the use

of his thumbs, which are essential to operate a toggle switch, for a powered

vehicle, or to propel the wheels of a wheelchair.

" This, in effect, is my wheelchair, " said Qua, a retired businessman who

operated a furniture manufacturing business for 35 years. " Besides, I need the

exercise. I like to take it at my own speed and stop and enjoy it. "

Qua lives with Charcot-Marie-Tooth syndrome, a hereditary disease of the nervous

system in which the muscles of the foot, lower leg, hand and forearm degenerate

over time. His mother had the disease, as did her mother, he said.

The zoo and the Wild Animal Park have been sources of enjoyment as his health

has declined, said Qua, who relies on a wheeled walker, equipped with brakes, to

get around when he's not on the three-wheeler. Qua and his wife, Shirlee, who

uses a walker, have been married for 58 years and looked forward to their park

visits until his vehicle was banned.

Qua said he doesn't plan to sue. If the zoo continues to exclude him, he'll just

start spending more time pedaling around Mission Bay Park.

" I don't want to have a confrontation with the zoo or anyone else, " Qua said.

" But I think they're being unreasonable from a vehicle standpoint. "

He said the lions seem to like his three-wheeled bicycle, and they follow him

when he visits them. (He suggested he might look like " meals on wheels " to

them.)

Qua is certain of one thing zoo officials won't have to worry about if they let

him back in.

" I don't think they'll be deluged by adults on tricycles, " he said.