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

[OurBigTrip]

I am going to word this poorly, so I apologize in advance, please try to understand what I actually mean. California law states you must be provided the same opportunity as a non-disabled guest in a way that meets your needs. For example if someone who isn't disabled is allowed to get an unobstructed view, then those who are disabled must be able to get a similar view. This likely means a party has no disabled guests in it does not have to wait separately, the party that does have a disable guest would not be able to be required to wait separately. Now, there can be a reasonable limit on the number of guests in the disabled party due to say size restrictions, based on other theme parks, etc., it seems that number in California is considered to be 4 including the disabled person. As I said, this is actually going to be a very interesting case to see how it plays out and ramifications are going to be wide spread, as in general California leads the way in a lot of these things and other states will likely adopt similar measures.

If other states were going to adopt something like Unruh, it would have been done already.

 

[OurBigTrip]

No, they can't actually, because the physical space has already been demonstrated to handle up to 6 without issue; however, they could possibly go to 4, as that seems to be the standard across all other theme parks in California and there is likely a reason for that.

the GAC lawsuit proved that just because Disney did something before doesn’t mean they have to keep doing it if it negatively impacts park operations.

 

[TCRAIG]

It depends on the attraction and where in line you are at the time. Disneyland certainly has more issues with this than Disney World.

True - my experience with my ECV leaving a line was at WDW…

 

[Tatebeck]

I definitely agree with some others and feel it is 100% a cash grab and will go nowhere.

I also don't think that they categorically denied anyone, even before the wording change. They said what the system was intended for, meaning what it was built to do, but never said that they wouldn't or couldn't make exceptions. Then they invited anyone with disabilities to apply and tell their specific situation so the cast members could give them their most likely options.

 

[Angel Ariel]

Additionally, how do they do this when they need an assistant and are only a party of two?

Even parties of 3 might not be able to separate if two are required to help the disabled person. There are scenarios where 1 is not enough. I won't be sharing them, for obvious reasons, but they do exist.

 

[theMoreDisneytheBetter]

Even parties of 3 might not be able to separate if two are required to help the disabled person. There are scenarios where 1 is not enough. I won't be sharing them, for obvious reasons, but they do exist.

And if the family has 3 sets of triplets, all under the age of 4, plus 2 disabled adults, each of which require 2 caregivers for them they might need DAS for 15! So clearly there should be no rules at all!

Sheesh. There is no way that Disney can plan for every single edge case. I’d hope that Disney would train its CMs on how to handle 98% of cases based on a standardized rubric and then give them the autonomy to make the appropriate decisions for unusual circumstances.

 

[Angel Ariel]

So clearly there should be no rules at all!

Yup, that's totally what I said. /s

Please don't put words in my mouth.

 

[theMoreDisneytheBetter]

Yup, that's totally what I said. /s

Please don't put words in my mouth.

You argued that there shouldn’t be a limit of 2 because there might be a case where there needs to be 3 adults. I don’t have hard numbers on the number of people who can wait alone vs requiring a companion, but I would feel pretty comfortable betting that the number of people who require 2 companions is very low relative to none or 1 companion. So Disney could make a rule for 2 and handle 3 as an unusual exception, rather than mainstreaming that and making 4 (or more) the exception.

 

[theMoreDisneytheBetter]

Yup, that's totally what I said. /s

Please don't put words in my mouth.

or were you trying to make a different point?

 

[Angel Ariel]

You argued that there shouldn’t be a limit of 2 because there might be a case where there needs to be 3 adults. I don’t have hard numbers on the number of people who can wait alone vs requiring a companion, but I would feel pretty comfortable betting that the number of people who require 2 companions is very low relative to none or 1 companion. So Disney could make a rule for 2 and handle 3 as an unusual exception, rather than mainstreaming that and making 4 (or more) the exception.

I never said words about there should t be a limit of two. Go read my post again. Someone posed a question about how they do this with only two people and I simply added that even 3 can be an issue at times. I made no comment in support or against a limit of 2 - simply added a scenario that would need consideration.

 

[Genie+]

Any update?

 

[Lewisc]

Any update?

Nothing new.
Going through the process.

https://dockets.justia.com/docket/california/cacdce/8:2025cv00562/963047

CA law is part of the basis. The case may not apply TO WDW, even if the plaintiff wins.

 

[Evita_W]

Nothing new.
Going through the process.

https://dockets.justia.com/docket/california/cacdce/8:2025cv00562/963047

CA law is part of the basis. The case may not apply TO WDW, even if the plaintiff wins.

The California laws referenced are a little tricky, they could apply to WDW for all California residents, but you are correct they may not apply generally for everyone. Many of our privacy protection laws apply to all companies no matter where they are when they are doing business with a resident of California. It is one of the reasons when you try to cancel something online you can change your address to a California address and suddenly you can cancel online easily. Some of these laws offer similar protections. It will be interesting to see how it plays out overall. This is also likely to have major implications now for the those theme parks that use IBCCES as well if the plaintiff wins as similar arguments could be held against such program as well. There is definitely some merit here, it will be interesting to see how it plays out in court.

 

[chrisney]

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.

But having to do it at each entrance is onerous. It's no longer just getting in line...it's finding the appropriate cast member, having the entire party together to get your ticket scanned (usually unwitting/willingly blocking the entrance) . Cast members are helpful, telling me that my ecv can go through lines because that's the obvious. Then I have to go into the other physical reasons I can't sit in a line. So yes, it is wearing. And after a while I just kind of give up. And it's a shame because I am a Disney person--for the last 37 years and probably surpassing 75 visits. We moved to Clermont because we could no longer "do" winter in Maryland, but I'm losing my Disney "joy" because it too is getting difficult.

 

[theMoreDisneytheBetter]

But having to do it at each entrance is onerous. It's no longer just getting in line...it's finding the appropriate cast member, having the entire party together to get your ticket scanned (usually unwitting/willingly blocking the entrance) . Cast members are helpful, telling me that my ecv can go through lines because that's the obvious. Then I have to go into the other physical reasons I can't sit in a line. So yes, it is wearing. And after a while I just kind of give up. And it's a shame because I am a Disney person--for the last 37 years and probably surpassing 75 visits. We moved to Clermont because we could no longer "do" winter in Maryland, but I'm losing my Disney "joy" because it too is getting difficult.

I’m sorry that you feel like you are losing your Disney “joy.” It is such a special place and I hope that you can find a way to have it continue to bring you happiness.

I guess i’m struggling to understand why this feels so hard for you. Are you looking for the equivalent of a DAS return every time, or just information about how to leave the line if you need to? How large is your party, and is there something about the make-up of your group that makes it impossible for some/most of the party to enter the line even if you cannot ever enter a standby queue (I believe the intention here is that most guests will start in the “normal” line)? CMs are always at the front of the LL entrance, and people are asked to step to the side all of the time if there are issues so it shouldn’t be that hard for one person to speak to the CM and everyone else (who frankly should all be together anyway when it is time to enter a line) to wait for a minute or two just off to the side.

No question would debate whether it is now more difficult vs. the old app-based system. But reasonable people can disagree about whether it is now <too> difficult for the now former DAS users and whether the clear and obvious benefit to park operations are justified.

 

[chrisney]

I’m sorry that you feel like you are losing your Disney “joy.” It is such a special place and I hope that you can find a way to have it continue to bring you happiness.

I guess i’m struggling to understand why this feels so hard for you. Are you looking for the equivalent of a DAS return every time, or just information about how to leave the line if you need to? How large is your party, and is there something about the make-up of your group that makes it impossible for some/most of the party to enter the line even if you cannot ever enter a standby queue (I believe the intention here is that most guests will start in the “normal” line)? CMs are always at the front of the LL entrance, and people are asked to step to the side all of the time if there are issues so it shouldn’t be that hard for one person to speak to the CM and everyone else (who frankly should all be together anyway when it is time to enter a line) to wait for a minute or two just off to the side.

No question would debate whether it is now more difficult vs. the old app-based system. But reasonable people can disagree about whether it is now <too> difficult for the now former DAS users and whether the clear and obvious benefit to park operations are justified.

Your response, while I understand why you would want to know, is a perfect example of why going up in each line is uncomfortable. Yes to the "unusualness" of both disabilities and party. There are three of us--2 ecv's and a rollator. I have COPD and am on oxygen 24/7. I can walk perhaps 10 feet before becoming short of breath, so obviously I must use a mobiity device. If that were the only issue going through the line would be no problem. Unfortunately I also suffer from Crohn's Disease which is only somewhat controlled. When I have a problem there is little time between knowing and going. If I were in the standby line I could either attempt to get out and potentially hurt someone or not attempt to get out and cause embarrassment and physical discomfort to myself and a noxious experience for those around me. And no, just saying COPD and Crohns is usually not enough. We can't expect CM's to know each and every disease, and they frequently think my problems must be all respiratory since Crohns is a hidden disease (until it's not) and the oxygen/ecv is what is seen.

 

[theMoreDisneytheBetter]

Your response, while I understand why you would want to know, is a perfect example of why going up in each line is uncomfortable. Yes to the "unusualness" of both disabilities and party. There are three of us--2 ecv's and a rollator. I have COPD and am on oxygen 24/7. I can walk perhaps 10 feet before becoming short of breath, so obviously I must use a mobiity device. If that were the only issue going through the line would be no problem. Unfortunately I also suffer from Crohn's Disease which is only somewhat controlled. When I have a problem there is little time between knowing and going. If I were in the standby line I could either attempt to get out and potentially hurt someone or not attempt to get out and cause embarrassment and physical discomfort to myself and a noxious experience for those around me. And no, just saying COPD and Crohns is usually not enough. We can't expect CM's to know each and every disease, and they frequently think my problems must be all respiratory since Crohns is a hidden disease (until it's not) and the oxygen/ecv is what is seen.

That definitely sounds like a challenging situation!

Drawing the line at “bathroom issues” seems to be an area where people who are impacted have been particularly frustrated by the changes to the DAS program. Might the other 2 members of your party be able to enter the queue and you just join them through the LL? I know that party splitting isn’t ideal, but that seems to be Disney’s current solution for those with issues like yours. Also perhaps someone else on these boards who has had to exit the queue using an ECV might be able to offer his/her experience on how they have done it? It could be that the perception (that one would be trapped) is worse than the reality (that CMs have ways to get guests out even if they aren’t immediately obvious now).