Class-action Lawsuit Filed Over Changes to Disney’s Disability Access Service (DAS)

[gottalovepluto]

This lawsuit is specific to DISNEYLAND in California. It may have some impact to WDW, if it ever makes it very far. It's a very poorly worded argument right from the start -- complete with multiple typos that should never have gotten past.

Doesn’t sounds like a very competent lawyer was willing to take the case.

 

[lanejudy]

only providing ADA accommodations.

just do the ADA minimum.

What does this mean, though? Do you mean design standards and building codes for physical accessibility? There is more to the ADA than that. Building standards are not a "minimum" accommodation for all disabilities and the ADA protects all disabilities, not just physical ones.

 

[gottalovepluto]

There is no finding I am aware of under federal law that waiting in lines makes the business non-accessible. I would certainly believe that may be the case in California, but I have not seen that statute quoted anywhere. If this is successful, I could see DL discontinuing DAS all together and only providing ADA accommodations.

Unruh is reflective of ADA for disabilities. If something violates ADA, they’ll get hit with an Unruh violation but I don’t think there is anything specific only to CA law that they’re gonna be able to use here.

Armchair lawyer time- I don’t think this succeeds. Disney will undoubtedly, once again, bring up the extreme strain prior accommodations made on their business operations. It’s not magic that LL waits plummeted once new DAS was fully implemented, I can only imagine the actual tracking data Disney can bring to the table this time…

 

[MICKIMINI]

Will be interesting to see if this goes anywhere. Pretty hard to prove that they discriminated against any one protected class. Also, and I know this is logical and less so legal, but nobody "needs" to go to Disneyland. Suing someone because they denied your assistance claim to an entertainment park is far different than denying assistance and access to a necessity.

I respectfully disagree. Being disabled is a 24/7 living nightmare. Wanting to fully participate in life should not be relegated to what someone thinks your life should be.

I was not disabled until I was. Think about that. It can happen to anyone and is why I try to point this out here on disboards. I never envisioned myself being disabled. Living out the rest of my life in a dark corner was not an option. There is much I do not do because it is too much of a hassle but that is my choice. I save my energy for the most important people in my life and sometimes that means traveling with them. To WDW.

I am a 53 year WDW veteran and 30 year DVC veteran. I was a featured artist at EPCOT before I was disabled. There were actually several years that DH and I spent at WDW where we did not do parks because I have a walking disability. I was afraid of what people would say to me if I was using an ECV. Yes, I was afraid of opinions like yours but no longer am. If I choose not to go it is on my terms.

There was one year where I asked for and was granted a disability waiver at WDW. It was the first trip after our son and DIL were married and I wanted to enjoy bonding as a family. We don't do many rides, so I don't bother now. If I change my mind and wanted to do rides, yes, I will apply. I have nothing to do with this or prior lawsuits but I definitely feel that in the pie that makes up disabilities, having to fall within one slice to qualify is wrong.

I wish you peace in your life.

 

[StitchesGr8Fan]

What does this mean, though? Do you mean design standards and building codes for physical accessibility? There is more to the ADA than that. Building standards are not a "minimum" accommodation for all disabilities and the ADA protects all disabilities, not just physical ones.

I mean whatever the bare minimum is they feel they have to do in an effort to be accessible to any type of disability according to ADA before they are able to say further accommodations negatively impacts their operations or causes undue hardship. And a lot of that is based on physical disabilities based on the lack of accommodations in other entertainment venues for other types of disabilities.

 

[theMoreDisneytheBetter]

I think that Disney would have been much better off scrapping the entire DAS system rather than trying to narrow it, so that it could have been crafted in such a way that people don’t feel like if they don’t qualify they aren’t “disabled” or “disabled enough.”

Eg the appropriate accommodation for a blind person isn’t a sign language interpreter. A deaf person may not need a wheelchair ramp. The old DAS style accommodations may be appropriate for *some* people with developmental disabilities, but other people perhaps can be served using other options.

If they had reframed the program they could have been more explicit about what is appropriate for which needs.

 

[theMoreDisneytheBetter]

And yes I know that DAS wasn’t granted for being deaf or blind. The point is that disability “accommodations” are not one size fits all.

 

[lanejudy]

And a lot of that is based on physical disabilities based on the lack of accommodations in other entertainment venues for other types of disabilities.

Maybe you aren’t aware of the accommodations at other entertainment venues because, like the disabilities, it’s not as obvious. Ramps, wheelchair seating areas, accessible bathroom stalls are obvious accommodations but that doesn’t mean there aren’t others available.

 

[Evita_W]

Can we all please try to remember that you don’t have to tell every cast member your entire life story? Personally I don’t find saying “I cannot wait in a traditional queue. What are my alternatives?” to be so onerous as to negate the very real reasons why Disney felt the need to make changes to the DAS program.

That wasn't DH's experience, he would say this and get grilled by many of the CMs. But even just that gets exhausting for many.

Disney could offer a solution to put on your pass so that the CMs could scan it and see what you need. It would be the same basic thing as now, but without having to explain at every attraction.

They also could set it up where if mobility is your only issue, you have a DAS that is limited to just those attractions without accessible queues, but can be used from within the app. I mean think about it, if you have mobility issues, going to the attraction, getting a return time and coming back again is a bit problematic from a physical standpoint and right now the disabled person must go when it is mobility related.

Similarly if sun is an issue for example, they could limit the DAS to only queues that are outdoors and until the sun goes down.

These are just examples that would bring a balance to the system, but it can be done.

 

[Evita_W]

I think that Disney would have been much better off scrapping the entire DAS system rather than trying to narrow it, so that it could have been crafted in such a way that people don’t feel like if they don’t qualify they aren’t “disabled” or “disabled enough.”

Eg the appropriate accommodation for a blind person isn’t a sign language interpreter. A deaf person may not need a wheelchair ramp. The old DAS style accommodations may be appropriate for *some* people with developmental disabilities, but other people perhaps can be served using other options.

If they had reframed the program they could have been more explicit about what is appropriate for which needs.

I have maintained, what they should have done was rename all accommodations to Disability Access Services and make a return time pass one of the potential options, then technically everyone with a disability qualifies for DAS, just the accommodations provided change depending on needs, but said accommodations should always be associated with the pass so the CMs can simply scan and see what is needed. Kind of a hybrid between the GAC stamps back in the day and the DAS before the changes, but with return times being provided where necessary for all guests with disabilities, see my previous post for examples and other accommodations else where.

 

[Evita_W]

Maybe you aren’t aware of the accommodations at other entertainment venues because, like the disabilities, it’s not as obvious. Ramps, wheelchair seating areas, accessible bathroom stalls are obvious accommodations but that doesn’t mean there aren’t others available.

Yes, there are many other entertainment venues that offer accommodations for those who are autistic, blind, deaf, have mobility issues, etc. that would put Disney, even when it was at its best for guests with disabilities to shame and done in ways that really keeps abuse to a minimum.

If you want an example, look at Aquarium of the Pacific in Long Beach, CA, here is the link to their accessibility website:
https://www.aquariumofpacific.org/visit/accessibility

Now I will admit to this example being a bit unfair, as the person who is the Citywide Accessibility Coordinator is a full time wheelchair user who is also an actress from television, film and stage. She also has a Disney connection because she used to perform in Aladdin when it was at DCA. But it does show what CAN be done if you put your mind to it.

There are also other things Disney could do to help, a lot of theme parks are now posting videos showing how wheelchairs load and unload at every attraction on their website and how any transfer devices work so you can decide if the attraction is right for you or not before getting in line. Many are now making models of every attraction and character so that those who are blind can feel what they look like. Something many don't think of as an accommodation is having entertainment and shows that are not attractions with lines, this provides something else guests with disabilities can do and Disney has really cut back in this area. The list goes on and on of what CAN be done while still limiting the potential for abuse.

 

[Evita_W]

I mean whatever the bare minimum is they feel they have to do in an effort to be accessible to any type of disability according to ADA before they are able to say further accommodations negatively impacts their operations or causes undue hardship. And a lot of that is based on physical disabilities based on the lack of accommodations in other entertainment venues for other types of disabilities.

As my previous post indicates, there is a lot more that CAN do before it negatively impacts their operations.

 

[Evita_W]

Unruh is reflective of ADA for disabilities. If something violates ADA, they’ll get hit with an Unruh violation but I don’t think there is anything specific only to CA law that they’re gonna be able to use here.

Armchair lawyer time- I don’t think this succeeds. Disney will undoubtedly, once again, bring up the extreme strain prior accommodations made on their business operations. It’s not magic that LL waits plummeted once new DAS was fully implemented, I can only imagine the actual tracking data Disney can bring to the table this time…

Again, I don't think it will bring back the old DAS system, but I don't think it needs to in order to address the concerns, I have mentioned several ways these concerns can be addressed in a manner that doesn't put the strain on the system that the previous method did. In other words, there is a legitimate middle ground.

 

[disneyseniors]

I just read this and i am wondering what everyone think of this (https://www.usatoday.com/story/trav...sability-access-lawsuit/78477724007/?tbref=hp)

Disney is between a rock and a hard place in trying to meet the needs of its guests but also controllning abuse. How do they do this? What do you think?

I think their lawyers have already expected this and have it covered every way but Sunday!

 

[HopperFan]

I think that Disney would have been much better off scrapping the entire DAS system rather than trying to narrow it, so that it could have been crafted in such a way that people don’t feel like if they don’t qualify they aren’t “disabled” or “disabled enough.”

Eg the appropriate accommodation for a blind person isn’t a sign language interpreter. A deaf person may not need a wheelchair ramp. The old DAS style accommodations may be appropriate for *some* people with developmental disabilities, but other people perhaps can be served using other options.

If they had reframed the program they could have been more explicit about what is appropriate for which needs.

YUP, their biggest mistake was keeping the name. They should have come up with the new program, new name, new parameters etc. Then at least you aren't taking something someone had away. Everyone now starts from zero and goes through application for a new service.

 

[lanejudy]

I have maintained, what they should have done was rename all accommodations to Disability Access Services and make a return time pass one of the potential options, then technically everyone with a disability qualifies for DAS, just the accommodations provided change depending on needs

That is back to GAC but digital. I think Disney is going the opposite direction, mainstreaming accommodations instead of making it only “disability” accommodations. No need for extra IT coding, no need for extra staff to determine which disability accommodations, and not necessarily making the disabled “stick out” or labeled as such when accommodations fit into the mainstream. There are people who have resisted requesting DAS because they don’t want to be viewed as disabled.

 

[Evita_W]

That is back to GAC but digital. I think Disney is going the opposite direction, mainstreaming accommodations instead of making it only “disability” accommodations. No need for extra IT coding, no need for extra staff to determine which disability accommodations, and not necessarily making the disabled “stick out” or labeled as such when accommodations fit into the mainstream. There are people who have resisted requesting DAS because they don’t want to be viewed as disabled.

Which would be fine IF it worked reliably and you didn't get grilled at every attraction. Since this is not the case, at least offer the option, maybe not make it required, but give those who are disabled the choice to use such a system, as for many explaining over and over is mentally and physically exhausting.

 

[alex33x]

I saw this a few days ago, and I was wondering if perhaps this will bring about changes to the DAS system again.

I always wondered why Disney doesn't do what Universal used to do and just ask for proof of disability? This would filter out liars and scammers and still allow those who need DAS the opportunity to get it.

(It didnt allow me to link the news, but you can google Disney DAS Lawsuit.)

 

[HopperFan]

Already being discussed here ~

https://www.disboards.com/threads/c...cess-service-das.3962586/page-2#post-66000678

 

[ShaneDJ]

I always wondered why Disney doesn't do what Universal used to do and just ask for proof of disability? This would filter out liars and scammers and still allow those who need DAS the opportunity to get it.

You seem to be new here.

Your statement has been discussed multiple times in this 500+ page thread:

Thread 'DAS changes coming WDW May 20/ DL June 18, 2024'

Apr 9, 2024

ADDED BY MODERATOR June 16, 2024: Link to Updated DAS FAQs thread stuck near top of board

I searched for a thread but only saw one regarding Disneyland.

I’ve seen mention of some changes in DAS process happening beginning May 20th. We go in June so shortly after the changes take place so I just want to be sure I understand them. Has anyone else read about this yet? Can we discuss?

For the first point below, does this mean there is paperwork I need to gather in advance or submit to someone?

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