Disability Access Service Lawsuit - Post Trial Briefs

[jcb]

I thought I could generate html files with the post-trial briefs that Disney and Plaintiff "A.L." electronically filed yesterday afternoon. That turned into a hot mess of HTML code.

So, I'll just upload the pdf copies of the brief in separate post. Unfortunately, Disney's brief redacts the most interesting information (primarily about the impact of GAC on wiat times) but you can still see the point it is trying to make.

 

[jcb]

Here is Disney's post-trial brief.

 

[jcb]

Here is Plaintiff "A.L.'s" post-trial brief.

 

[OKW Lover]

I've read both and, as you would expect, the make persuasive arguments. It will be interesting to see which side the court rules.

 

[piccolopat]

I'm a bit confused here. The plaintiff's post-trial brief clearly states that "DL" can't tell time and has no concept of time yet has to eat at precisely the same time every day but also can't wait for a ride. What happens if they can't get lunch or dinner served at precisely the right time or if the specific foods are not available? I thought that DAS return times can be obtained without the person present. If correct, why wouldn't "DL" just go to the ride at the return time that someone else got for him? I understand this individual is severely disabled but between FP+ and DAS, this family should be able to make it work based on all of the stories I've read on these boards. In addition, if this individual is so large and strong that the mother and/or caregiver can't control him when he gets to a meltdown, he is a danger to those around him . As such it is irresponsible for the family to put him into situations like crowded theme parks where he can hurt himself and others.

 

[jcb]

Piccolpat, I'm a little baffled by the conflicts in the evidence myself. Disney directly challenges the assertion that the plaintiff has not concept of time:

• the ability or inability to wait or defer gratification are not diagnostic criteria or requirements of autism.
• A.L. has an understanding of the concept of time “as is true for most individuals at his level of intellectual functioning.”

It's somewhat telling that plaintiff offered the CA11's characterization of psychological testimony instead of presenting it at trial. They try to explain this in a footnote but it largely amounts to arguing we didn't know we would really have to comply with the court imposed deadlines. Time, again.

What really bothers me is the uncertainty about the criteria to use to determine whether Disney must made changes. The CA11, in the prior appeal, said the question is about what is "necessary" to provide a "like experience." There's precious little on this from plaintiff. Essentially, he argues that his family tries to avoid wait times and waiting for more than 15 to 20 minutes can be problematic, even causing anxiety.

Is that enough to show that the plaintiff's desired modification is "necessary" when FP+ and DAS is already being offered?

So what is a "like experience"? Is it avoiding having to wait in any line for more than 15 or so minutes? Plaintiff wants to be able to use "Fastpass lines." To be clear, he is not saying, I think, he wants to be able to use FP+ itself, just the "Fastpass lines" themselves. That is, without making an advance FP+ reservation, he wants permission to enter an attraction's Fastpass line as if he had made a FP+ reservation.

The question isn't whether other guests can do this - clearly they can't - but whether this "modification" is necessary to provide him with a "like experience" to other guests or whether Disney existing modification - FP+ and DAS - provide the "like experience."

 

[OKW Lover]

The question isn't whether other guests can do this - clearly they can't - but whether this "modification" is necessary to provide him with a "like experience" to other guests or whether Disney existing modification - FP+ and DAS - provide the "like experience."

Indeed a very difficult question. I seriously don't know what side I would come down on. Despite being a Disney supporter, I just don't know.

 

[MK2010]

I'm going to be rude. If it were my child, and go ok ng to Disney was going to be a stressful event for him/her. I wouldn't take them. I have 4 children. 2 don't particularly enjoy Disney. I dont take them and they have no disabilities. I have a friend who just got back from Disney. 3 out of her 4 children require a DAS. 2 struggle with waiting and lack of instant gratification, yet the existing DAS pass works for them. So my question is, are all corporations going to be required to customize experiences for hundreds of thousands of guests based on their individual needs? Because that sounds like an unreasonable logistical nightmare, especially for frontline CMs.