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

[Evita_W]

um, well....I am just going to gracefully say that you have clearly never been in this situation, and I would never wish it on anyone. The feeling of helplessness is overwhelming as you literally have no control over what is happening.

Yes, many, including DH feel the same way, honestly the new system is very taxing mentally and physically for many and that's the problem. There are ways to better balance this.

 

[OurBigTrip]

The tick is in how the law is enacted and does depend on how the trip is booked. If booked entirely in Florida, i.e. you go there and buy everything in person, you are correct; however, if you book a trip online as a California resident, then it may apply (not every situation does, but that would be for the courts to decide), even in Florida. It is a nuance many miss.

No, it wouldn't.

One state can't enforce their laws in another state - that's ludicrous. State laws don't follow people when they travel to other states.

I realize that California sometimes think that the rest of the country has to follow them, but we actually don't.

 

[EACarlson]

No, it wouldn't.

One state can't enforce their laws in another state - that's ludicrous. State laws don't follow people when they travel to other states.

I realize that California sometimes think that the rest of the country has to follow them, but we actually don't.

California is of the belief that if you do any business in CA, that they can impose their regulations on your company as a whole. Until struck down by a federal court, that is the way that the laws in CA operate. It would take Disney being fined by CA for not complying in FL and Disney countersuing CA in federal court for relief.

 

[OurBigTrip]

California is of the belief that if you do any business in CA, that they can impose their regulations on your company as a whole. Until struck down by a federal court, that is the way that the laws in CA operate. It would take Disney being fined by CA for not complying in FL and Disney countersuing CA in federal court for relief.

Yay for California, but a park in Florida isn't going to follow the orders of a California state court ruling based on a California law and a California lawsuit against only the locations in California.

 

[Evita_W]

No, it wouldn't.

One state can't enforce their laws in another state - that's ludicrous. State laws don't follow people when they travel to other states.

I realize that California sometimes think that the rest of the country has to follow them, but we actually don't.

But they do it already, don't believe me? If you are trying to cancel something that you signed up for online and they tell you that you have to do it in person, change your address to a California address with them and you can now magically cancel online. Why? Because our laws require them to do so, even if the company exists in another state. That law has far more reaching effects than people understand.

 

[Evita_W]

Yay for California, but a park in Florida isn't going to follow the orders of a California state court ruling based on a California law and a California lawsuit against only the locations in California.

But again, it already is happening with many businesses, see my previous post.

 

[OurBigTrip]

But they do it already, don't believe me? If you are trying to cancel something that you signed up for online and they tell you that you have to do it in person, change your address to a California address with them and you can now magically cancel online. Why? Because our laws require them to do so, even if the company exists in another state. That law has far more reaching effects than people understand.

Enforcing actions online in CA is very different than enforcing a law on the ground in Florida.

Not going to happen.

 

[BrightMorningStar]

At the end of the day, Disney is not required by law to offer DAS. They are only required to follow the ADA, and they do.

 

[BrightMorningStar]

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?

I am not the OP, but I did not read anything that was an attack on a protected class of people. I believe what is being said is that DAS is not required by law. That is an extra that Disney offers, however there is nothing state or federal saying they have to. If there was, it would be offered everywhere. Movies, stores, malls, many places of entertainment, etc do not offer DAS or anything like it. Disney is required to follow the ADA, which they do. Granting people access to skip the lines without a fee is not required and it is not discrimination not to do so.

 

[Evita_W]

I am not the OP, but I did not read anything that was an attack on a protected class of people. I believe what is being said is that DAS is not required by law. That is an extra that Disney offers, however there is nothing state or federal saying they have to. If there was, it would be offered everywhere. Movies, stores, malls, many places of entertainment, etc do not offer DAS or anything like it. Disney is required to follow the ADA, which they do. Granting people access to skip the lines without a fee is not required and it is not discrimination not to do so.

There is a lot more gray area here than you may think. A theme park is something unique, not like a movie theater, stores or malls, which each offer their own forms of accommodations based on what someone needs to be able to access their venues. A DAS would not be required at any of these because they don't have queues like a theme park, except for certain special events like certain product launches and when those do occur, most venues do offer some form of accomodations for those who can't wait in line due to a disability. A theme park has queues which actually do prevent guests with certain disabilities from being able to access the attractions due to length of line (wait times or physical length or both), line design (i.e. stairs or too narrow), etc. that does necessitate something like a DAS in order for people with certain disabilities to access the attractions. Now, there can be various methods to handle this, but simply saying wait in a 60 minute+ line does by its very nature prevent some people with certain disabilities from being able to access the attractions and the ADA does say that a method must be provided to allow them to access the attraction, which would mean some way to bypass the 60+ minute line in this example. Now that isn't to say they can't be asked to wait elsewhere, but a mechanism must exist if it prevents someone with a disability from accessing the attraction due to their disability.

 

[lanejudy]

I believe what is being said is that DAS is not required by law. That is an extra that Disney offers, however there is nothing state or federal saying they have to.

DAS as it exists at Disney parks is not necessarily required in the exact form. However some form of accommodation must be offered. Disney can’t say “we have ramps and wide doorways, that’s all we’re required.” Other accommodations just aren’t specified and left to each business to accommodate in a manner that meets the need and works for their operations.