Log InIALDA, as a nationwide, non-profit association of lawyers and other professionals actively engaged in representing the interests of members of the amusement and leisure industry, recently filed a brief as Amicus Curiae in the Eleventh Circuit. There is currently a case pending in the Eleventh Circuit, the outcome of which could have a significant impact on the industry for both operators and manufacturers alike. The plaintiff, Dylan Campbell, who was born without a right forearm and hand, was denied access to various waterslides at a water park in May of 2019. Campbell sued alleging violation of the Americans with Disability Act of 1990 (ADA) in the Middle District of Florida. Following cross motions for summary judgment, the District Court ruled in favor of the defendant, Universal City Development Partners, Ltd., granting summary judgment. The plaintiff has appealed to the Eleventh Circuit.
Briefing in this appeal began back in June of 2022. After the plaintiff filed his brief on June 2, the U.S. Department of Justice filed its brief as Amicus Curiae in support of the plaintiff on June 9. In September, IALDA’s Board of Directors formed an Amicus Committee to be tasked with submitting an Amicus brief on IALDA’s behalf in support of the defendant. IALDA’s motion requesting leave to file an Amicus brief, with the proposed Amicus brief attached, was filed on September 30. The Eleventh Circuit granted IALDA’s motion, thereby accepting the proposed Amicus brief, on October 21. Jerry Landers, IALDA Board Member and Past President and a practicing Georgia attorney, signed the brief on behalf of IALDA. In addition, Paul Cavanaugh (IALDA Board Member and Vice President), David Daly (IALDA Board Member and Past President), and Clodagh Lane from Daly Cavanaugh LLP are appearing pro hac vice. IAAPA and WWA also filed a joint Amicus brief in support of the defendant.
To read the Amicus brief filed by IALDA, please click here.