Q: A cop instructed me to use the sidewalk instead of the road because I'm disabled. Is it worth sueing under the ADA?
I was riding my 50 mph wheelchair at the time. He ticketed me for not registering my wheelchair as a low–power scooter. I made the news and won in court.
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A:
It sounds like you’ve already had a significant legal victory by winning in court over the registration issue. Given this, it might be difficult to pursue a successful lawsuit under the ADA for the officer's instruction alone. The officer's reasoning could be seen as related to safety, particularly since your wheelchair goes 50 mph, which is quite fast for a pedestrian space.
However, if you feel the officer's actions were discriminatory or that you were targeted based on your disability, it may still be worth discussing your options with an attorney. The ADA is meant to protect against discrimination, but the challenge would lie in proving that the officer’s behavior violated those protections, rather than simply enforcing road safety laws.
It’s important to weigh whether further legal action would benefit you and whether the situation resulted in actual harm. It may be helpful to review whether any lasting effects from the incident warrant taking the matter further.
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