a. On Friday, November 27, 2009, the day after Thanksgiving, Plaintiff Jose R. Martinez (Martinez), who is a quadriplegic and Christina Buchanan
(Buchanan), his wife, visited Disneyland.
b. Martinez cannot transfer out of his wheelchair without substantial assistance.
c. At all times while at Disneyland, Plaintiffs had with them, hanging on the back of Martinezs wheelchair, a backpack that contained his blood pressure medication, his anxiety medication and equipment used by Buchanan to catheerize Martinez to empty his bladder.
d. That day, Plaintiffs rode the Its a Small World attraction (Small World).
e. The Small World Operating Guide provides: Inform the Guest traveling in a wheelchair that a ride vehicle is available that can accommodate the wheelchair.
f. The Small World Operating Guide provides: Inform the Guest traveling in a wheelchair that there is limited time for loading and unloading.
g. The Small World Operating Guide provides: Inform the Guest that in the event of a breakdown and/or evacuation, he may be required to walk certain distances, to negotiate stairs or narrow walkways, to have a companion assist or carry him, or to wait for an extended period of time in the vehicle for assistance.
h. Plaintiffs boarded a Wheelchair Accessible Vehicle (WAV boat), which allows guests with mobility disabilities and their companions to ride the attraction without having to transfer out of their wheelchair.
i. Toward the end of the Small World ride, when Plaintiffs WAV boat was just leaving the ride building, the attractions power disconnected and all boats on the ride stopped.
j. Pam Tait (Tait), a Disneyland employee for 12 years and on Small World for three, spoke with Plaintiffs after the ride stopped.
k. Both Disneyland nurses and City of Anaheim paramedics were dispatched to the ride.
l. These paramedics are not Disneyland employees.
m. Before the nurses and paramedics arrived, Plaintiffs WAV boat moved to the load/unload dock and they exited it.
n. Two Disneyland nurses, Lina Geiser (Geiser) and Shannon Helm (Helm), and Disneyland security officer Jeremy Bustos (Bustos) arrived after Plaintiffs had disembarked from Small World.
o. Plaintiffs, accompanied by the nurses, then went to the First Aid Station, where Martinez could be catheterized in a unisex restroom.
p. Once at First Aid, Martinez (with Buchanans assistance) emptied his bladder, hoping to reduce his elevated blood pressure.
q. Disneyland refunded Plaintiffs park admission fee and Plaintiffs went home.
r. Plaintiffs have never sought nor received medical or professional care related to their visit to Disneyland.
s. Martinez has filed and settled over 30 civil suits alleging ADA violations and including claims for emotional distress. In no one of these suits did Martinez recover any monies for emotional distress, although he recovered statutory damages and obtained injunctive relief in most of these suits.
