The right to shop -while using a mobility device is what one Topeka man wants to do at a local mall..but he's facing some resistance.

Since December of last year, Tom Haney said his client has been denied the ability to use his Segway while shopping at the Westridge Mall.

Haney said, “they refused to allow him to use his Segway at the
shopping center unless he signed certain documents - which I don't
think is appropriate."

Westridge Mall, owned and operated by Simon Properties gave them an ultimatum.

Haney said, "it was sign these documents or else, so we chose the
we're not going to sign them; because under the American Disabilities Act we don't think it's appropriate for any person who is handicapped to give away their rights in order to use a facility - or anyone who wouldn't have a handicap."

While the Segway-a two wheeled- self balancing transportation device is not marketed to individuals who have disabilities, it is estimated that over 4,000 people use them to enhance their mobility...even employees at the Westridge Mall.

According to Haney, "they've equipped some of their security guards with Segways and the Police Department is using them now..so they are a recognized device.”

A Representative from the Westridge Mall told 27 News that "they have
no comment because they have not heard anything about this suit."

Haney added, "they believe the Segway may constitute some kind of danger to mobile individuals that aren't handicapped -which John uses this on state property with authority of the State and there's never been a problem because it is a mobility device just like a wheelchair or that a handicapped person would use."

Haney said his client is not going to get money from this or a cash
reward. He said his client wants only the ability as any non-handicapped person would - just to use the mall.

Haney indicated that they're also seeking an injunction from the District Court --a temporary restraining order, so that his client can use his Segway at the mall -all pending the outcome of the lawsuit.

Segway was launched back in December 2001 and costs between $5,000 - $6,000.