Disney ADA Lawsuit Progress

[TheRustyScupper]

Orlando Sentinel - November 10, 2014:

A group of families suing Walt Disney Parks and Resorts over its new policies for people with disabilities, such as autism, has suffered a setback..

The plaintiffs must file individual lawsuits, a federal judge has ruled.

The lawsuits was moved to Orlando federal court recently from California. Judge Anne Conway said late last month the plaintiffs' claims are too diverse to handle in one lawsuit.

"The developmentally disabled Plaintiffs face differing cognitive impairments — ADHD, autism, Down syndrome, etc. — and their symptoms manifest in different ways and in response to different stimuli," Conway wrote. "Some of the families appear to own Disney annual passes, and encounter (the new policy) frequently, while others claim to have visited a Disney park on only one occasion. The common law allegations are similarly diverse: some families bought one-time-use tickets, sustaining economic damages of only a few hundred dollars, while other families own Disney time shares or annual passes, or spent thousands of dollars on a Disney vacation. Some Plaintiffs visited Disneyland, in California, while most visited Disney World, in Orlando."

The Americans with Disabilities Act requires Disney to provide reasonable accommodations. If a person cannot wait in line, it is reasonable to say, "Come back at 2:30 and you won't have to wait in line." That might not be the accommodation you want, but it is reasonable and...

The original lawsuit had 26 plaintiffs from 14 families. Thirteen of the families can file individual lawsuits by Nov. 21, Conway ruled. The attorney representing the families, Andy Dogali, wanted to add dozens more plaintiffs. They all must file individually as well.

The suit alleges that Disney's Disability Access Service, which began in 2013, discriminates against autistic children because it no longer allows them to go to the front of lines. It gives them a return time instead.


1) Sounds like a good decision.
2) If folks want to sue, they need individual lawsuits.
3) In this case, at least, the lawyers don't get rich from mega-class-action-suits.
4) Besides, (IMHO) the should be no front-of-line access for anyone.
5) ADA allows for ACCESS, NOT EXCESS.
6) If they did it for this group, what about others who only can spend partial-days at the parks?
. . . old folks who can't stand an entire day of direct sunshine
. . . young kids who tire easily needing afternoon naps/swims
. . . honeymooners who want to spend more time at the resort "resting"
. . . people who get motion sickness so need rides before their luncheon
. . . folks who get upset at waiting in long lines or can't get Fast Passes
6) Do these folks deserve front-of-the line to get around their short days?

 

[rtilner]

First thank you for service.

You are right. There's fast pass which is open to all. And what is big deal about coming back at a later time or at your fast pass time.

I am handicap and can't stand on line for a long time. I use the fast pass or I would come back at a later time. I don't see a problem.

These people are drawing a lot of attention to themselves, which causes an issue with able body people.

The able body are fine today and tomorrow they can be the handicap person. And then they will see how it is. Because some of them can be down right nasty.

 

[MouseyMin]

Welcome back, Rusty!!

 

[Teamubr]

Rusty,

Thanks for posting this and a BIG thank you for your service protecting our country's principles.

I have to deal with ADA issues occasionally at work. The judge has it right. The law says there must be "reasonable accommodations". 'Reasonable' can have a broad interpretation, but if you use the "any reasonable person" interpretation, Disney doesn't have anything to worry about. I think the judge's quote below sums it up.

That might not be the accommodation you want, but it is reasonable and...

And before I get jumped by those that think I don't "understand", my DS has some DD issues and my brother has profound autism. Both have been to WDW. My DS many times. And both have had issues to some degree with some aspects of the visits. At no time did I feel like Disney owed us anything, nor did we ask for anything. When you have a child or sibling with challenges, doing things you know they will enjoy, even if you know there may be issues, is part of the gig.

j

 

[BigAlsGal]

Hmmmm.....wonder how many will take them on alone?

I'm gonna bet none.

Well 1 might be crazy enough.

 

[KYMickey]

Hmmmm.....wonder how many will take them on alone?

I'm gonna bet none.

Well 1 might be crazy enough.

I'll take that bet, if any of these people are serious about protecting the needs of their children, which I'm betting they are, they will pursue the lawsuits alone. Of course getting a lawyer to take the case on may be a different matter because of the limited potential for $s!

 

[Networth]

This case was decided before it even started. Disney is not breaking the Americans with Disabilities Act at all. People are so sue happy

 

[danikoski]

Getting a time to ride the rides I think is an adequate reasonable accommodation. As a stepmom to a son with autism and a person who works with autistic kids routinely, the only issue I see is that it would be nice to get that ride time before entering the parks. I recognize we get three fast passes, but maybe somehow there could be a way to get a couple of more for folks with a disability, or some other way, beyond waiting at kiosks in park, to get the next set of extra fast passes. I hope that makes sense...

I know Disney is working to create a phone app and such for the fast pass +, which would be incredibly helpful...right now, though, the phone app seems to be a bit glitchy...anyways, I think Disney will work it out, and that would be a huge improvement for the fastpass+ system in general, and a great tool for folks with disabilities...

 

[surferdave]

This lawsuit is about trying to give Disney bad publicity in hopes it will make them change the policies.

 

[Jedana]

Getting a time to ride the rides I think is an adequate reasonable accommodation. As a stepmom to a son with autism and a person who works with autistic kids routinely, the only issue I see is that it would be nice to get that ride time before entering the parks. I recognize we get three fast passes, but maybe somehow there could be a way to get a couple of more for folks with a disability, or some other way, beyond waiting at kiosks in park, to get the next set of extra fast passes. I hope that makes sense...

I know Disney is working to create a phone app and such for the fast pass +, which would be incredibly helpful...right now, though, the phone app seems to be a bit glitchy...anyways, I think Disney will work it out, and that would be a huge improvement for the fastpass+ system in general, and a great tool for folks with disabilities...

Nope, sorry. the law allows for access, not excess. The DAS does allow for more than the average guest gets---people without a DAS have to wait in the line if they want to ride; guests with DAS can go do something else, even if they choose not to.

Rusty, I think it's a good thing they split up the lawsuits. it's a ridiculous thing to begin with.

 

[nobellybutton]

I agree that reasonable accommodations not EXCESS like PP's said. I was born with a disability, quite a sick child & never once was my family "accommodated" albeit I'm not ADHD nor Autistic but I have a nephew who is. When you go Disney you have to have realistic expectations that there will be crowds, heat, and long waits...So suing Disney to get ahead of the line, when you CHOSE to go is beyond me. Is there a get out of the supermarket faster line because ADA? Or during Black Friday specials will Walmart get sued for not having a special access for those with disabilities ? I respect equality and inclusivity but we have to draw the line the, FP+ allows a convenient way to have a customized time to acces ride and go straight to head of the line. Is that not fair enough for everyone?

 

[Alice Royal]

I'm just so miffed by this whole nonsense. I have an autism spectrum disorder. I use DAS because standing for an hour in a crowded, loud, often dark space makes me very dizzy and overloaded. I don't WANT front-of-the-line access, though. The ADA is about equalising the experience--for those who use DAS, it means being able to leave the area and seek quiet/shade/seating. I'm waiting the same amount of time as everyone else, just in a setting that will allow me to avoid a meltdown situation. And it doesn't matter if someone is 'more' or 'less' disabled. This accommodation is absolutely acceptable and equal.

The people who are suing Disney are exacerbating the ableism that already runs rampant among park guests. As someone with an invisible disability I've already got plenty of people who will point and stare and sneer about how I must be 'gaming the system' for free Fastpasses (oh, darlings...if only you knew the real price of that DAS card...). Having this kind of a story go viral just pushes the stereotype of 'entitled people/parents/families' who 'use' disability for their own gain.