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

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?
Cash grab activist is what I think of it. Unless CA law is drastically different, which it very well may be, Disney has made more than reasonable accommodations so it's moot under ADA. We'll also find out if the class action waiver is worth the paper it's written on. If they're upset about choosing to disclose medical information to cast members, how are they going to feel putting that information into the public record? I'd be interested in hearing the reasoning that they can't wait in line when the picture in the article shows them in a wheelchair.
 
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?

Since Day 1 of the new program, I thought it was a poor choice to so clearly single out ASD and developmental disabilities (or any class of disabilities, for that matter) in their official policy statement, even if that's what they intended to do in practice. By doing so, we know from the broadly negative reaction that they made those with physical disabilities feel less welcome. In their messaging, they should have stuck to vague "never say never" and "case by case" approaches, because I think that's what they are actually doing in practice. They asked for this lawsuit simply with what appeared to be bright-line messaging, especially initially. No comment on the likelihood of success. Just think they could have done a MUCH better job with implementation and now they get to spend a boatload of cash defending bad decisions. Par for the course for DIS.
 
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.
 
If it were anywhere else in the country I would say it's a non starter, but California has some odd laws and odd judges.
 
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.
You could say this for all disabilities though. Autism included.
 
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.

So, if I'm disabled (I'm not), or a member of any other type of protected class, I'm not entitled to be free from discrimination in the things I enjoy doing, only the things I need to be doing? Is that the point you're making?
 
Cash grab activist is what I think of it. Unless CA law is drastically different, which it very well may be, Disney has made more than reasonable accommodations so it's moot under ADA. We'll also find out if the class action waiver is worth the paper it's written on. If they're upset about choosing to disclose medical information to cast members, how are they going to feel putting that information into the public record? I'd be interested in hearing the reasoning that they can't wait in line when the picture in the article shows them in a wheelchair.
Actually, if you read the complaints, they have made decent arguments, for example pointing out that needing to explain the needs at every attraction is a problem. And there are many reasons that someone in a wheelchair may not be able to wait in a traditional queue, I won't get into the details here because that could lead to further abuse, but there are many possible issues ranging from physical to mental.
 
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.
They do have some valid arguments though and they are arguing that Disney saying you can't file a class action lawsuit because you contacted them is not valid because they are requiring you to give up one right to utilize another right, the right to equal access. Yes, there are typos in it that should have been corrected, but I can see the arguments being valid. Now as a Californian, I would have made a few other arguments as well based on our local laws that are far more stringent, especially when it comes to privacy rights. I also would have likely worded things differently, but there are valid points there.

It will be interesting to see how this plays out and I don't think it will go in Disney's favor completely. I really do think there is a middle ground to be had here that would help keep the abuse down while still meeting people's needs, but it would require a bit more effort on Disney's part to set the system up and make it run right.
 
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.
Not at all, if it is a business that is open to the public, it MUST be accessible to ALL.
 
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.
 
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.
Have you actually tried that and been successful? Considering CMs were told that they could get in trouble for issuing too many alternative entries I have not seen a single CM who will allow you to just say I cannot wait in a traditional queue without giving them more information
 
Have you actually tried that and been successful? Considering CMs were told that they could get in trouble for issuing too many alternative entries I have not seen a single CM who will allow you to just say I cannot wait in a traditional queue without giving them more information
The problem with your logic is that not every alternative entry is going to be a return time. The accommodations vary by ride, by situation, and by wait time. So a single rider might be granted a return time or immediate access to the LL. A group might be told to have the person wait outside and be called to join their group at the merge. If your issue is bathroom-related you may be encouraged to enter and then exit if the need arises. All of these are accommodations, even if they aren’t the preferred accommodation.

I’d also say that based on my experience in Florida, even with LLMP and LLPP the wait times in the LLs are MATERIALLY shorter than they were pre-change, which speaks to just how widespread DAS use was.
 
The problem with your logic is that not every alternative entry is going to be a return time. The accommodations vary by ride, by situation, and by wait time. So a single rider might be granted a return time or immediate access to the LL. A group might be told to have the person wait outside and be called to join their group at the merge. If your issue is bathroom-related you may be encouraged to enter and then exit if the need arises. All of these are accommodations, even if they aren’t the preferred accommodation.

I’d also say that based on my experience in Florida, even with LLMP and LLPP the wait times in the LLs are MATERIALLY shorter than they were pre-change, which speaks to just how widespread DAS use was.
So I’m making sure I understand this- you have not actually had to use this in practice in any Sort of way for any type of alternative accommodation?

Unless you have had to use this and actually tried it out even if you say things like ‘I need to meet somebody at a merge point’ they aren’t necessarily going to allow you to do that even if it’s not a preferred accommodation. They are going to want you to explain your medical reason for needing that accommodation.
 
I’d also say that based on my experience in Florida, even with LLMP and LLPP the wait times in the LLs are MATERIALLY shorter than they were pre-change, which speaks to just how widespread DAS use was.
I have done two trips post change. Was a HUGE difference from before. We were always surrounded by DAS users before and now much fewer. There has definitely been an increase in value for the LLMP/PP guests.
 
Not at all, if it is a business that is open to the public, it MUST be accessible to ALL.
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.
 
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.
I think that the only way this will go is for the program to be dramatically reduced or removed, which is not the intended consequence. At some point Disney is going to get tired of spending money on the program administration and legal support for the program and just do the ADA minimum.
 
I think that the only way this will go is for the program to be dramatically reduced or removed, which is not the intended consequence. At some point Disney is going to get tired of spending money on the program administration and legal support for the program and just do the ADA minimum.
Perhaps that’s the goal of certain people - if I can’t have it then no one should!

It’s a very sad outcome for the people who genuinely cannot navigate the parks without accommodations.
 












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