Six Flags changing their version of DAS is Disney next?

bookwormde · Oct 13, 2015

OurBigTrip said:
As I stated previously, there is no equivalent to waiting in line, unless they are prohibited from riding other rides or doing anything else while they wait.

It has been well established that the line structure is considered part of the attraction and as such their must be equivalent accommodation to waiting in line for those individuals who due to their disability can not. The equivalency is based on equitable access to the attraction not equivalency to a particular structure. A good example is the availability of an elevator for ADA compliance. Some might think this is preferential but it clearly has not been considered as such, it is just an equivalent alternate.

There are lots of substantially equivalent methodologies to waiting in line based on the primary purpose WDW uses DAS. Some might consider being able to not have to stand in the line an "upgrade" but that is not how it has been viewed and has instead been viewed as an equivalent alternative

Allison · Oct 13, 2015

bookwormde said:
I can assure you that this is likely not the case having dealt with corporations of this size in the past. They often have relatively competent in house staff for title II but not Title III

And if they happen to not have the expertise on staff to handle a particular subject matter they hire it out to an expert as I can tell you from experience. These kinds of things are thoroughly researched before moving forward.

bookwormde · Oct 14, 2015

Allison said:
And if they happen to not have the expertise on staff to handle a particular subject matter they hire it out to an expert as I can tell you from experience. These kinds of things are thoroughly researched before moving forward.

I appreciated and respect your faith, from professional ADA compliance in the facility areas since its inception and over a decade in disabilities advocacy including significant work around ADA as I have said I have a very different understanding of the practical realities.

SMD · Oct 14, 2015

bookwormde said:
I appreciated and respect your faith, from professional ADA compliance in the facility areas since its inception and over a decade in disabilities advocacy including significant work around ADA as I have said I have a very different understanding of the practical realities.

Companies disclose to advocates who they consulted and when/where they engaged outside help?

bookwormde · Oct 14, 2015

SMD said:
Companies disclose to advocates who they consulted and when/where they engaged outside help?

It becomes public record during the hearing process

Allison · Oct 14, 2015

bookwormde said:
It becomes public record during the hearing process

Of course, it goes without saying that many things never get to that point because there is no issue with process in the first place.

Allison · Oct 14, 2015

OurBigTrip said:
Great explanation Sue, thank you!

Agreed. Thanks for taking the time, Sue.

the advocate · Oct 18, 2015

bookwormde said:
This is clearly outside current ADA guidance and practice for equivalent accommodations so they must have other accommodations that do not require a note, I am sure OCR will be reviewing quickly

In lieu of a doctor's note to grant a DAS card, what about Disney requesting school records for children under 18 proving that they are in special needs classes? Surely, all those children who can't handle a wait in line are in special programs at school where the challenges are much greater?

gap2368 · Oct 18, 2015

the advocate said:
In lieu of a doctor's note to grant a DAS card, what about Disney requesting school records for children under 18 proving that they are in special needs classes? Surely, all those children who can't handle a wait in line are in special programs at school where the challenges are much greater?

that would not work for 1 not every one that need A DAS card is in specle classes ( I know fow people that need a DAS for there children yet do not need it in school) or the other way around I know some kids in specle classes that do not need anything at disney

redberyl · Oct 18, 2015

the advocate said:
In lieu of a doctor's note to grant a DAS card, what about Disney requesting school records for children under 18 proving that they are in special needs classes? Surely, all those children who can't handle a wait in line are in special programs at school where the challenges are much greater?

My daughter is too sick for regular school, we homeschool. So that wouldn't work for many kids.

Gracie09 · Oct 19, 2015

the advocate said:
In lieu of a doctor's note to grant a DAS card, what about Disney requesting school records for children under 18 proving that they are in special needs classes? Surely, all those children who can't handle a wait in line are in special programs at school where the challenges are much greater?

My dd has a brain injury that can cause seizures especially if she gets very hot or overtired. However she has no need for educational accommodations. She has an above average iq and does well in school. The school is aware of her need to not overheat and takes measures during extremely hot days. That is pretty much it at this point.

DisneyOma · Oct 19, 2015

the advocate said:
In lieu of a doctor's note to grant a DAS card, what about Disney requesting school records for children under 18 proving that they are in special needs classes? Surely, all those children who can't handle a wait in line are in special programs at school where the challenges are much greater?

1. That info is protected under FERPA.
2. That leaves out every adult that needs a DAS.
3. I could see teachers writing info to get 'cut the line' access, just like the doctors used to promise that.
4. School situations do not mirror WDW.

the advocate · Oct 19, 2015

gap2368 said:
(I know [a] few people that need a DAS for there children yet do not need it in school)

I thought the ADA defines someone with a disability as "a person who has a physical or mental impairment that substantially limits one or more major life activities". If these children are not limited in school, then what "major life activity" could they be deficient of that qualifies them as disabled and eligible for the DAS?

gap2368 · Oct 19, 2015

the advocate said:
I thought the ADA defines someone with a disability as "a person who has a physical or mental impairment that substantially limits one or more major life activities". If these children are not limited in school, then what "major life activity" could they be deficient of that qualifies them as disabled and eligible for the DAS?

the school is very small and so there are not a lot of people in the class room and not a lot going on the teacher has more time to work one on one with kids so if they are in a normal school they very well would need accommodation but in the school they are in they do not.

CoriM48 · Oct 19, 2015

My son is in a self-contained special needs classroom, but I wouldn't be okay using his school information for something like Disney, although I can't pinpoint why. I guess because a classroom enrollment doesn't define him in any meaningful way. Plus, as others have mentioned, this would exclude the many adults who also need this pass (as my son will possibly need as he enters adulthood). Plus, although my son is in a special needs class, many school districts do not have self-contained models and operate on a fully inclusioned model, making it impossible to provide brief and not overly personal proof of special need supports. It's not like they can ask for a child's IEP or 504. There are crazy amounts of laws regarding education records.

I'm actually okay using medical letters, but I know that's upsetting to a lot of people. I went to Six Flags on Saturday, and they gave me a handout and explanation of the new process. They make it very clear that the doctor's note can't have a diagnosis, and what it boils down to is they are avoiding people who just get in line and ask for an access card knowing no questions will be asked. There will definitely still be fraud, but at least at our Six Flags, I guarantee I won't be waiting in the GAC line for 45 minutes anymore. For me, I know I can get a letter, so I'm not too worried about it. For the benefit it gives to my son, I am willing to provide legally acceptable proof.

Six Flags changing their version of DAS is Disney next?

bookwormde

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Allison

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