Disabled Sue Over Zoo Rule

Lawyers representing two people with physical disabilities filed a federal lawsuit Wednesday accusing the world-renowned San Diego Zoo of discriminating against zoo patrons who use motorized wheelchairs or scooters.

The Los Angeles-based Western Law Center for Disability Rights contends that the zoo’s policy of asking such patrons to sign waivers promising not to sue for injuries violates federal and state laws banning discrimination against the disabled.

Rick Kneeshaw, one of the plaintiffs, said he was humiliated when asked to sign a waiver before entering the zoo with his granddaughter.

“She was looking forward to seeing the elephants,” he said. “I was so embarrassed to be pulled out of line and treated like a criminal.”

A zoo spokeswoman said the waiver policy was adopted two years ago after accidents in which runaway wheelchairs injured other visitors. The rule was instated after consultation with a San Diego group that advises other tourist attractions on complying with anti-discrimination laws.

With more than 3 million visitors a year, San Diego’s is the most heavily attended zoo in the nation. The zoo has several steep, winding paths, particularly along the Tiger River exhibit and the new monkey exhibit.

By signing the waiver, the patron promises to reimburse the zoo for any costs, including attorney’s fees and medical expenses, incurred if someone is injured by a his or her runaway motorized wheelchair or scooter.

“Thank you and please enjoy your visit to the San Diego Zoo/San Diego Wild Animal Park,” the waiver reads.

Cyndi Stothers, director of the San Diego-based Center for an Accessible Society, said activists have been reluctant to sue the zoo because of its prominence and local popularity.

“The zoo is the 500-pound gorilla,” she said. “It thinks it can do whatever it wants.”