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

[alex33x]

Thank you!

 

[CAPSLOCK]

Primarily boils down to a few issues.
1. Having a disability doesn't automatically mean someone qualifies for DAS. Many/most disabilities don't preclude waiting in lines.
2. It would be too easy for scummy people to get fake "proof" online or from unscrupulous doctors.
And it could be difficult for some to obtain legitimate proof, depending on what type of paperwork they'd required.

 

[alex33x]

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.

I feel the solution is simple. Require proof of disability, by a a doctor. The same way Universal used to do it. That way people cant abuse the system and Lightning Lane wait times won't be terrible. I went through the process for Universal in 2023 it was not bad, I was very surprised to see Disney just basically takes your word for it.

 

[theMoreDisneytheBetter]

I feel the solution is simple. Require proof of disability, by a a doctor. The same way Universal used to do it. That way people cant abuse the system and Lightning Lane wait times won't be terrible. I went through the process for Universal in 2023 it was not bad, I was very surprised to see Disney just basically takes your word for it.

This “solution” has been discussed so many times.

1. If this is all that is required it would take approximately 1.5 seconds for advertisements for “disability doctors” to spring up along the highway between the airport and WDW. A quick $75 consult is a whole lot cheaper than buying LLs for a family.

2. Even if we assume that only people with actual disabilities are able to get letters, not all disabilities require DAS accommodations. That’s why it is needs based, not diagnosis based. And a doctor has no way of knowing what other options Disney might have for guests.

3. Requiring a doctor’s note can also be a barrier for some people who don’t have consistent access to medical care, especially as needs change.

 

[alex33x]

This “solution” has been discussed so many times.

1. If this is all that is required it would take approximately 1.5 seconds for advertisements for “disability doctors” to spring up along the highway between the airport and WDW. A quick $75 consult is a whole lot cheaper than buying LLs for a family.

2. Even if we assume that only people with actual disabilities are able to get letters, not all disabilities require DAS accommodations. That’s why it is needs based, not diagnosis based. And a doctor has no way of knowing what other options Disney might have for guests.

3. Requiring a doctor’s note can also be a barrier for some people who don’t have consistent access to medical care, especially as needs change.

When I applied for DAS at Universal in 2023 I submitted medical records. Not a "doctor's note". As well as a letter form my HR department that explained accommodations I require at work. I know some travel agencies would charge extra to produce Doctor's notes. I think this is more because Disney was so lax about it.

 

[theMoreDisneytheBetter]

When I applied for DAS at Universal in 2023 I submitted medical records. Not a "doctor's note". As well as a letter form my HR department that explained accommodations I require at work. I know some travel agencies would charge extra to produce Doctor's notes. I think this is more because Disney was so lax about it.

I don’t know how comfortable people would be submitting extensive medical records to Disney, nor would Disney want the responsibility of keeping them private. And still, the point about diagnosis vs. needs still stands, so Disney would have to hire medical professionals to read through the records and try to judge needs based on that.

I could be wrong but I just don’t see this happening. As others have said, they are going more in the direction of mainstreaming people, not investing in an entirely new system to try to give out more DAS accommodations.

 

[lpereira]

This is the current lawsuit is going to end up if the lawsuit isn't quashed. No DAS for anyone. Only the minimum required by ADA. Or California.
Or DAS continues but is limited to the DAS holder plus 1- no exceptions.

 

[OurBigTrip]

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.)

Proving one has a disability does zero to determine what accommodations they might need. Multiple people can have the same disability, and could well need different levels of accommodations or no accommodations at all.

 

[OurBigTrip]

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.

No one has to explain their needs at every attraction...they just need to say that they have a disability that makes it difficult for them to wait in standby, and the ask the CM what can be done.

 

[dreamer17555]

No one has to explain their needs at every attraction...they just need to say that they have a disability that makes it difficult for them to wait in standby, and the ask the CM what can be done.

Have you actually done this? Because I keep hearing this talking point but no one that has successfully put it into practice

 

[OurBigTrip]

Have you actually done this? Because I keep hearing this talking point but no one that has successfully put it into practice

I haven't but my sister has, and she was adequately accommodated each time, although there were a couple of different accommodations; in fact, there on different days, she received different accommodations for the same ride, but both were adequate for her needs.

 

[Evita_W]

No one has to explain their needs at every attraction...they just need to say that they have a disability that makes it difficult for them to wait in standby, and the ask the CM what can be done.

Again, that was not DH's actual experience, the CMs would grill asking for diagnosis, what happens if he has an issue, etc. taking about 15 minutes just to explain at each attraction, he eventually gave up asking since we were at DLR and just stuck to attractions with location return times.

 

[theMoreDisneytheBetter]

Again, that was not DH's actual experience, the CMs would grill asking for diagnosis, what happens if he has an issue, etc. taking about 15 minutes just to explain at each attraction, he eventually gave up asking since we were at DLR and just stuck to attractions with location return times.

I wonder why your experience has been so different from what others have reported. CMs are explicitly NOT allowed to ask for diagnosis. What happens if he has an issue is fair game for DAS but I’m surprised that he’d be asked in line unless something in his responses is very out of the ordinary.

 

[ShaneDJ]

...the CMs would grill asking for diagnosis, what happens if he has an issue, etc. taking about 15 minutes just to explain at each attraction

CM's aren't allowed to ask for "diagnosis".

Are you sure it takes 15 minutes at each ride to simply ask "How do I rejoin the line if I need to leave it?"

 

[Evita_W]

CM's aren't allowed to ask for "diagnosis".

Are you sure it takes 15 minutes at each ride to simply ask "How do I rejoin the line if I need to leave it?"

Yes, I agree with your point, as does DH, yet they do it anyway and yes, DH timed it at a couple of them.

 

[Evita_W]

I wonder why your experience has been so different from what others have reported. CMs are explicitly NOT allowed to ask for diagnosis. What happens if he has an issue is fair game for DAS but I’m surprised that he’d be asked in line unless something in his responses is very out of the ordinary.

DH and I both agree overall, but actual experience is all that matters and it was not a pleasant experience.

 

[alex33x]

I don’t know how comfortable people would be submitting extensive medical records to Disney, nor would Disney want the responsibility of keeping them private. And still, the point about diagnosis vs. needs still stands, so Disney would have to hire medical professionals to read through the records and try to judge needs based on that.

I could be wrong but I just don’t see this happening. As others have said, they are going more in the direction of mainstreaming people, not investing in an entirely new system to try to give out more DAS accommodations.

They use a 3rd party, government agency at least think it was a government agency. Because, it had the Florida logo and what not. Then once they approve it, they give you a card which you bring to universal. They ask disability etc, then after that they give you the pass.

 

[lanejudy]

They use a 3rd party, government agency at least think it was a government agency. Because, it had the Florida logo and what not. Then once they approve it, they give you a card which you bring to universal. They ask disability etc, then after that they give you the pass.

I assume you mean IBCCES - the organization Universal has used? No, it is not a government agency. It is a glorified marketing firm, selling their "autism credentialing and education" business. It's private. Nobody knows exactly what they do with the documentation they collect, who looks at it or how long it is kept or how it is stored or how/when it is disposed of. They also seem to accept doctors notes as simple as "my patient has a disability." Nothing specific about the disability, nothing about accommodations.

 

[theMoreDisneytheBetter]

They use a 3rd party, government agency at least think it was a government agency. Because, it had the Florida logo and what not. Then once they approve it, they give you a card which you bring to universal. They ask disability etc, then after that they give you the pass.

Perhaps I’m missing your point?

DAS is just one of a suite of accommodations available, and if the CM doesn’t grant it it doesn’t mean that they don’t believe the guest is disabled. It just means that they believe the guest can be accommodated in another, less disruptive (to operations) way.

So the doctor can say that the guest is disabled, but they have no way of knowing what alternatives are available at any given point in time and whether DAS is the appropriate accommodation. At that point the guest still would need to talk to a CM, so all it has done is added another barrier and you are still have no greater visibility about whether you will be accepted or denied.

Or are you suggesting that doctors can somehow dictate to Disney what accommodations are necessary? Or that DAS goes from needs based to diagnosis based? If so that’s super easy to game, and the entire system would collapse under its own weight.

 

[alex33x]

Perhaps I’m missing your point?

DAS is just one of a suite of accommodations available, and if the CM doesn’t grant it it doesn’t mean that they don’t believe the guest is disabled. It just means that they believe the guest can be accommodated in another, less disruptive (to operations) way.

So the doctor can say that the guest is disabled, but they have no way of knowing what alternatives are available at any given point in time and whether DAS is the appropriate accommodation. At that point the guest still would need to talk to a CM, so all it has done is added another barrier and you are still have no greater visibility about whether you will be accepted or denied.

Or are you suggesting that doctors can somehow dictate to Disney what accommodations are necessary? Or that DAS goes from needs based to diagnosis based? If so that’s super easy to game, and the entire system would collapse under its own weight.

My response was to you mentioning how comfortable people would be to release medical records to Disney or how they would handle it. I thought when I submitted my paperwork I was doing so to a Government Agency, but it seems that was not the case as lanejudy mentioned on the post above yours.