prior to pre-approval, you had to disclose it ONCE at guest relations, not at every attraction, there is a distinct difference there and that is a key point that will likely be brought up with this lawsuit. The alternative accommodations are not truly viable for a large chunk of these guests, that doesn't mean that
DAS or something similar is the only viable accommodation; however, it may the only viable one that currently works.
Except any lawyer worth anything is going to point to the Premier
Lightning Lane pass and multiple lightning lane or whatever it is called and show that if people are willing to spend $$$, it becomes magically workable and point out that if those programs didn't exist, the DAS would be completely workable. They can demonstrate this with many non-Disney parks where the system works quite well, even at extremely busy parks like Universal, Dollywood, Silver Dollar City, annd Six Flags/Cedar Fair parks etc. all have similar programs, each with their own variations of course, but similar in concept and it works there, providing DAS like access to most disabled guests. A good lawyer will also bring up the very suspicious timing of the lightning lane changes with the changes to the DAS program.
I am not saying what way things will go, I am simply saying a decent lawyer will bring up these points and they would be valid challenges to Disney's so called data showing the impact to operations.