ALBUQUERQUE - The Mesilla Valley Mall in Las Cruces, NM agreed to a preliminary injunction that will allow John R. Funk to operate his Segway in the mall.  Funk, who has severe scoliosis and spinal stenosis, uses the Segway as an alternative to a wheelchair.

The American Civil Liberties Union of New Mexico filed a lawsuit last month against Jones Lang Lasalle, Inc., the corporation that manages Mesilla Valley Mall. The mall had previously banned the use of Segways, a self-balancing, two-wheeled transportation machine, which the ACLU said violated Funk’s right to reasonable accommodation under the Americans with Disabilities Act (ADA).

The preliminary injunction will remain in effect until a trial is held.  A settlement conference before U.S. Magistrate Judge William P. Lynch is set for Tuesday, May 29, 2007.

Joleen K. Youngers of Almanzar & Youngers, P.A. and George Bach, ACLU of New Mexico Staff Attorney are litigating the case.

A copy of the preliminary injunction is at: http://aclu-nm.org/PDF/StipulatedPI.pdf

A copy of the temporary restraining order that Mesilla Valley Mall agreed to abide by is at: http://aclu-nm.org/PDF/StipulatedTRO.pdf