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Campbellv.Universal City Dev. Partners, LTD

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.22-10646
DecidedJuly 7, 2023
Reporter72 F.4th 1245 (11th Cir. 2023)
JudgesBefore ROSENBAUM, BRANCH, and BRASHER, Circuit Judges.
Tags
CivilDisability LawAmericans with Disabilities ActPublic AccommodationsEligibility CriteriaPreemptionAmusement Rides
Case Summary

Dylan Campbell, who was born without a right hand or forearm, sued after Universal’s Volcano Bay barred him from its Aqua Coaster under a manufacturer’s rule requiring riders to have two natural grasping hands. The manufacturer’s hazard analyses identified no specific risks for riders with limb differences, but Universal relied on Florida laws and industry rules requiring it to follow the manufacturer’s restrictions. The district court granted Universal summary judgment, finding the exclusion necessary under Title III of the Americans with Disabilities Act. The Eleventh Circuit held that compliance with state law alone cannot make a discriminatory eligibility rule “necessary” when that would displace the ADA. It also held that safety criteria must address actual risks, not speculation or stereotypes. Although safety or administrative feasibility may justify a criterion when supported by evidence, Universal had not established such a basis on this record. The court vacated summary judgment and remanded for further proceedings.

Opinion

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