Wow. I've tried to read this entire thread to see if people reported updates on any further info/clarifications they received but it was like reading War & Peace, and then I wake up to 20 more pages and I just will never catch up, lol. I apologize if I'm addressing anything here that showed up after like page 40.
I'm not a lawyer like Hyper, I only have experience in employment law. Hopefully a disability rights lawyer can chime in. These are just my non-professional(?) thoughts.
I want to be clear up front: I write all this knowing
we are operating on vague/incomplete information and need to see how this rolls out (recognizing some don't have that luxury. I myself...my trip is quite literally during the switch. I'm apparently on the "old" policies for the whole trip, arriving May before the switch).
I also read both recent rulings on disability access at Disney and Hyper has it down here:
Disney's argument here in Galvan was that 30% of the population is affected by anxiety. If park population on any given day represents general population, they would have to provide 30% of guests
DAS (on top of all other conditions), and that would fundamentally alter their operations. Plaintiff's lawyer
did not dispute this, and therefore his case failed on said grounds.
I think what people need to take from this here is that this ruling is essentially saying that if too many people have a condition, Disney doesn't have to accommodate it
with DAS any longer. They only need to accommodate in a
reasonable way that
doesn't fundamentally alter their park operations. That is an exception written into the ADA. They can then extrapolate on that, I imagine, to include anyone who actually needs an accommodation by saying "x amount of people have conditions that would currently fall under our DAS eligibility. That would equal x amount of DAS users in our parks per day, which would fundamentally alter our operations". I have a feeling this is the crux of why they literally named Autism in the release -- it's the disability one of the major cases was based upon.
I do think this assertion can (and will) be challenged. A few things to note here:
- Plaintiff's lawyer in Galvan never challenged the original assertion that it was fundamentally altering, nor offered their own experts.
- Plaintiff's lawyer in A.L. V Disney never challenged the industrial engineering team's "study" on DAS impact, nor offered their own experts. This is akin to having a pharmaceutical company sponsor its own studies on its medications. Is that a study you trust is factual and unbiased? Of course not. And this "study" fails here for the same reasons. What the industrial engineers came up with, as others have pointed out, was akin to people who do
NOT NEED DAS using the DAS system. I would say this is "sampling bias" (drawing conclusions from a set of data that isn’t representative of the population you’re trying to understand.) Of course that would have been the conclusion - the way it's designed and can be used would allow for this, no study needed. The only study that would be actually representative of users with disabilities is one where the users...
have disabilities. Because there's clear abuse of the system, even their data now with guest use is bias/inaccurate. They also did the study over only 3 days. if this was a scientific study it wouldn't pass peer review. This can absolutely be challenged with a more scientific and unbiased study with the proper pool of participants.
- They argued that giving x amount of people DAS would fundamentally alter their operations and have an "
adverse effect on park operations". Note, this ruling was made on 11.27.19. They then introduced
Genie+ on 10.19.21. As many have pointed out, DAS and Genie+ do not offer the exact same experience,
but they don't have to for this point. As some like to keep pointing out "just use Genie+!" I think that is the point here. It certainly doesn't work for many, but it does work for some. And Disney is trying to push abusers to use it (which is fine, of course, as they should), but also those who would/should be accommodated under ADA via "reasonable and necessary" accommodations. They argued it would fundamentally and
negatively alter operations to accommodate x amount of people with DAS, then they fairly quickly fundamentally altered their operations in a
like or similar way, "adversely affecting park operations" -- yet charged for it. We of course don't have the numbers on how many Genie+ & LL's are sold in a day, but that can be obtained during discovery. We ARE privy to wait time data and can see increases in standby (this could be attributed to "revenge travel", but it'd have to be compared against park attendance each day.) They are now cutting back on DAS use and will likely say that is what is affecting wait times & operations, but I think, with Genie+, that will be a hard sell this time around. Further, in the ruling in A.L. V Disney, the judge states: "More importantly,
the DAS card is set up so A.L. would never have to physically wait in line more than 20 minutes." This was clearly an important aspect of DAS in their decision that it's a reasonable and proper accommodation, which is no longer the case. Long story short --
I feel there's a case to be made that Disney is attempting to charge for "reasonable and necessary" accommodations. At the very least, the introduction of Genie+ has made DAS a program that is no longer meeting the threshold of providing "an accommodation that provides autistic individuals with a "like experience" to the one nondisabled guests experience" (or other disabled individuals, for that matter). Hopefully a good lawyer who knows what they're doing and maybe a financially stable plaintiff will take it up, because litigation against Disney is neither cheap nor easy.
Can they win in court? Sure. But would they want to
possibly exclude so many people from the parks? I doubt it. Their own argument is that there are a ton of people with disabilities. That would hurt their bottom line. They're trying to thread the needle...not sure how well they're pulling that off.
Great
...so what can we do?
Well, I don't have to tell any of you that money talks, and let's be honest, that's what they care about these days. Capitalism and shareholders are priorities 1, 2, & 3. But they can only make so many changes that upset guests without affecting their bottom line. In fact, in A.L. V Disney the ruling points out that Disney does extensive research on guest satisfaction, what affects that, and in turn, affects guests' "intent to return." Quote:
And I have to say, intent to return is a big deal. When you stop thinking about the "now", how we can increase shareholder profits NOW, you see how important intent to return is
past the next trip. Disney is a 100-year-old company that needs to start looking past the tip of its nose -- past the shareholders. Anecdotally, I know multiple families that have become priced out, or they're displeased with the changes making it too stressful (always need to be on the phone, 7AM drops, have to plan out whole day, etc), less entertaining (less or closed attractions/shows/activities), less comfort/amenities & value for their dollar (FastPass to Genie+, higher ticket prices combined with
possible need to buy Genie+ and/or ILL's, bye-bye Magical Express, resort deliveries, airlines check-in, room service, etc). Now they may be adding families with unaccommodated disabilities to this list. All of these issues, in turn, made these families
seek out other vacations they never would have even looked at otherwise. They are now spending their money at these other destinations - Disney is losing their money. They're renting entire homes on the lake for a week. They're taking non-Disney cruises. They're going to Europe. Etc, etc. Further to that,
these are generational "Disney" families. What I mean by that is, families who have gone to Disney through the generations.
The family tradition has fundamentally changed away from Disney. So, they're not just losing money on the next trip. Because of these changes, because of guest dissatisfaction and families not returning today, they're losing money for generations to come.
So, since they know intent to return is important to their bottom line, show them your dissatisfaction and your lower level of intent to return. How do we do that? Well, many of you already have been. You've been writing to them to voice your concerns, advise you won't want/be able to return, etc. I imagine they will think of these as "toothless threats". Unfortunately for them, with this particular issue, they may be taking away
necessary accommodations for many. You actually CAN'T go to and enjoy the parks without them. You literally CAN'T give them your money. If you really want to go, demand answers to your real and valid concerns before you hand over money to them and "hope and pray" they'll accommodate you a measly
THIRTY days prior to your visit. This is NOT a reasonable timeline to try and plan a vacation with a person that needs accommodation. If they won't answer your concerns and guarantee you will be properly accommodated in a MUCH more reasonable timeline (personally, I think that could be up to a year, considering how early many book), then advise you are forced to spend your money elsewhere.
And do so.
Some have said they want/need to cancel. If you do so, let them know why. Be loud and clear about it. If you cancel without giving them the reason, they can't attribute it to this change. I imagine a company like Business Insider might like to hear from some of us who feel forced to cancel our vacations due to the changes. Personally, I think it'll have more teeth once we know how it's actually rolled out, as we are operating on speculation and minimal info due to their poor/vague release.
I guess the bottom line is: money is all they care about. The only way they'll listen is if we loudly withhold it from them.
Speculation/Thoughts:
If I'm reading it correctly, we will start getting some anecdotal answers soon -- as early as May 19th. I implore everyone that has a trip coming up that makes the 30 day call to share your experience with the DAS call rep here. We need to remember: everyone's case is different. I think they'll take this into account. E.G., need for bathroom access may be moved to other accommodations, but bathroom access while on a scooter (due to limited mobility leaving/re-entering lines and moving quickly) may still be DAS. Who knows
I think we could be focusing on conditions a bit much but not how the actual experience on the phone would go, in regards to those with non-physical disabilities. What I mean by this is: the way I or my daughter (ASD) would describe why we have difficulties in a long or crowded queue may, to me, sound akin to someone who has PTSD, anxiety, etc.
Don't talk about what you have, talk about how it affects you.
Lastly, I have this weird, nagging feeling that even though they mention Autism and the like, they will try to accommodate autistic and similar adults differently than children. I have a feeling there's going to be a lot of unconscious bias going on when an autistic/PTSD/anxiety adult that can make the call themselves will be brushed aside as not needing the accommodations or needing different/insufficient accommodations. Personally, just having the issues I have makes it very difficult for me to do, but I can get thru it...badly, probably. Especially considering the high likelihood of continued abuse they (and we) foresee with people lying about having these disabilities.

I feel like a lot of invisible disabilities will be disregarded here. I really hope I'm wrong.
Thanks for reading, everyone. Hopefully you found this informative or helpful in some way. Hoping it took you less time to read than it did for me to read the first 40 pages of this thread

. Thanks for coming to my Ted Talk.