Judge: Disabled Teen's Suit Over Six Flags' Safety Rules Can Proceed

A disabled New Jersey teen who was denied the chance to enjoy a thrill ride in 2012 might get his opportunity to prove to a jury it was improper for Six Flags Great Adventure to hold him off of the ride.

In a ruling on Wednesday, U.S. District Court Judge Joel Pisano denied an effort by Six Flags to dismiss the lawsuit filed against the company in 2012 by Joseph Masci and his parents, according to NJ.com.

The amusement park said the decision to prevent Masci from riding its Green Lantern ride when he was 14 was influenced by a reevaluation of its safety practices following the 2011 death of a disabled Iraq War veteran at a Buffalo theme park, NJ.com reported.

Pisano said, however, that Six Flags must prove that the decision to keep the teen off of the roller coaster was because of an actual safety concern and not because of Masci’s outward disability.

“If Six Flags was discriminating against Joseph based on the appearance of his disability rather than any legitimate safety concerns, Defendant’s safety defenses would appear to be irrelevant,” Pisano wrote in the opinion filed on Wednesday, Dec. 31.

Masci was born without feet, a right arm that ends at his elbow and a left arm that ends in a malformed hand, NJ.com said. Pisano said the issue was whether Joseph could grip a safety bar to hold himself in place.

“From the record in front of it, the Court gathers that the real issue is whether Joseph had a functioning arm to qualify under the ridership requirements for the vast majority of the rides,” Pisano wrote in the opinion.

Six Flags’ Safety and Accessibility Guide states, a functioning arm “is a full arm with the ability to be flexed at the elbow and a minimum of three full fingers with the ability to hold on with a firm grip.”

The amusement park’s attorney, Sean Kirby outlined Six Flags’ defense in April 2014. “While Six Flags is sympathetic to Plaintiff Joseph Masci’s situation, it cannot ignore the guidelines of its ride manufacturers, cannot violate New Jersey state law, and cannot, in good faith, ignore its own determinations regarding safe ridership, in order to allow Joseph Masci access to these rides,” Kirby said, according to NJ.com.

Employees at Six Flags Great Adventure prevented Joseph from riding on all but two rides. Masci is tall enough to ride the thrill rides and has pursued his passion to do so since 2009.

The lawsuit against Six Flags accuses the company of violating the Americans with Disabilities Act and the New Jersey Law Against Discrimination, NJ.com said.

In 2011, Six Flags conducted audits of ridership requirements and led to amendments of its safety guide. The audits and amendments came after the death of James Hackemer, an Iraq War veteran who lost his legs to an improvised explosive device, in July 2011 at the Darien Lake Theme Park, according to NJ.com.

The amendments to the safety guide stated that guests “must possess at least one fully formed and functioning leg extremity absent a prosthetic device and one fully formed and functioning arm extremity without a prosthetic device,” Pisano wrote.

The park’s safety guide physical requirements also prohibits prosthetics out of a concern that they could come unhinged and strike others, NJ.com said.

Judge Pisano also denied a request by the Mascis’ attorneys to exclude testimony from Six Flags employees who took part in the ridership audit.