Disney Being Sued by Visually Impaired Guests

[brunette8706]

Looks like Disney is getting sued again. The class action pending in Los Angeles, the class alleges that the Disneyland and Walt Disney World theme parks refuse to accommodate the needs of blind visitors, in violation of the Americans with Disabilities Act.

http://www.prweb.com/releases/2012/2/prweb9193544.htm

On June 5, 2012, trial will commence in an action brought against Walt Disney Parks & Resorts by a class consisting of all blind visitors to the Disneyland and Walt Disney World resorts. In Shields v. Walt Disney Parks & Resorts, the class action pending in Los Angeles, the class alleges that the Disneyland and Walt Disney World theme parks refuse to accommodate the needs of blind visitors, in violation of the Americans with Disabilities Act. An attorney for the nationwide class, Andy Dogali of Forizs & Dogali, P.A., Tampa, Florida, summarizes the Plaintiffs’ claims, which are stated in their Amended Complaint and further described in the 45-page Class Certification Order entered by Judge Dolly M. Gee, United States District Judge, as follows:


Disney does not provide park schedules, park maps, or dining menus in formats which are accessible to blind persons, such as in electronic form, Braille, or large print;
Disney does not accommodate the needs of guide dogs or their owners in the parks;
Disney’s websites do not accommodate blind persons who use screen reader programs to access information;
Disney does not accommodate the needs of blind persons during live parades and shows;
Disney provides neither sighted guides for blind visitors nor discounted admission for sighted companions who accompany and support blind persons in the parks;
Disney’s costumed characters discriminate against blind visitors who are accompanied by guide dogs;
Lockers at Disneyland are inaccessible for disabled persons;
Parking garages at Disneyland are inaccessible for disabled persons.

*
What do you think? I personally think that Disney tries to accomodate the disabled visitor. I'm sure there is work for improvement. But, honestly, I'm getting sick of all the "sue happy" people. It just seems people sue for anything and everything today. Any thoughts?

 

[joshsmom]

Since I am not blind, I really don't know what Disney offers to blind visitors.

I know that Disney tries to be accessible to *most* but I really don't know about blind visitors. I *thought* that in the past I have seen people with guide dogs in the parks. Maybe I didn't.

I agree that we are a sue-happy society. I don't know what actions this group may have taken before this point to have their needs met (if they are not being met). I think it will be interesting to see how it is resolved.

 

[beansmom]

ITA...i have a friend who has serious heart trouble--i mean 'transplant serious' and Disney bends over backwards to accomodate her.

But everywhere shes goes...it doesn't matter where or when...whatever she wants, she attempts to get her way by threatening the establishment with 'they are violating her rights...the ADA..blah, blah, blah...'

Yes, handicapped people should have things accessible, etc...but, frankly, i think some are becoming bullies so they get not equal treatment but preferential.

 

[AshleeH]

I get really sick of seeing people expect to be given money that's not their's for absolutely no reason - not just in this situation, but this "Gimme" attitude in society is so beyond ridiculous.

I have never seen a company more accommodating to go above and beyond for any and everyone with disabilities - it's groups like this that sicken me when they want a piece of the pie and will use any reason to get it.

 

[brunette8706]

ITA...i have a friend who has serious heart trouble--i mean 'transplant serious' and Disney bends over backwards to accomodate her.

But everywhere shes goes...it doesn't matter where or when...whatever she wants, she attempts to get her way by threatening the establishment with 'they are violating her rights...the ADA..blah, blah, blah...'

Yes, handicapped people should have things accessible, etc...but, frankly, i think some are becoming bullies so they get not equal treatment but preferential.

*
HI! You know, I do somewhat agree with you. I work for the government and everything has to be Section 508 compliant. Okay, I get that, but some of the blind individuals has tried to sue the government for millions because they did not provide a reasonable accomodation when obtaining forms on line regarding benefits. It was nearly a "bully" type of agression, even when the government did provide the reasonable accomodation i.e. dvd, braille etc. This is what I'm seeing here at Disney. Nothing will ever be good enough.

 

[Mrsjvb]

Disney does not provide park schedules, park maps, or dining menus in formats which are accessible to blind persons, such as in electronic form, Braille, or large print;
Disney does not accommodate the needs of guide dogs or their owners in the parks;
Disney’s websites do not accommodate blind persons who use screen reader programs to access information;
Disney does not accommodate the needs of blind persons during live parades and shows;
Disney provides neither sighted guides for blind visitors nor discounted admission for sighted companions who accompany and support blind persons in the parks;
Disney’s costumed characters discriminate against blind visitors who are accompanied by guide dogs;
Lockers at Disneyland are inaccessible for disabled persons;
Parking garages at Disneyland are inaccessible for disabled persons.

1: I personally have seen Braille menus at several CS location at DL.. and I am almost positive there are large print maps available, although you may have to ask( not on display as you enter the parks) By extension I assume TS has 'em as well

2: Umm.. what needs? they have areas for the dog to relieve itself. there may be a few rides that cannot accommodate the dog in the ride vehicle, but there are always going to be times when a service animal is unable to be accommodated.

3: cannot address this issue

4: again, what needs? what do you want, somebody standing next you to give a blow by blow description of the action?!

5: and why should they? I assume the sighted person/guide will be riding the rides, eating the food, meeting the characters and generally enjoying the entire experience just like the blind person( and every other guest) . If you want a personal tour guide then you can pay for the privilege like normal sighted people.

6: Say wha?! pretty sure Skye would disagree as she is always the one in the pictures with the princesses.. not her Mommy

7: another thing I cannot address, having never used the lockers at DL

8: ditto. we usually stay off site at DL and just take the commercial shuttle system to the parks.


I think half is ignorance( WRT menus etc) and half is entitlement minded arrogance. I tour the parks( both coasts) in a wheelchair and even at DL where there are larger hurdles I have never come away thinking they didn't do enough to at least try and give me an equal experience as everybody else.

 

[MickeysBFF]

Disney provides neither sighted guides for blind visitors nor discounted admission for sighted companions who accompany and support blind persons in the parks;


What do you think? I personally think that Disney tries to accomodate the disabled visitor. I'm sure there is work for improvement. But, honestly, I'm getting sick of all the "sue happy" people. It just seems people sue for anything and everything today. Any thoughts?

I'm sorry that one is ridiculous No flames please.

Yes I agree there are a ton of sue happy people out there. Some people will find ANY excuse to get a few million dollars (if you remember a woman sued McDonald's because she spilt coffee ON HERSELF and sued because it was hot and she won) so it would make sense that people would sue because in most cases they win

 

[Tinkerbellie16]

I am very confused by the whole thing. When I go to the grocery store, out to eat, or somewhere that has entertainment, I have never known of anything for the blind to accommodate them. But at WDW, I see braille on their maps and I know there are many things Disney does for any disability (go to guest services and let them know). I don't really understand the rules though - does Disney have to do more since they do more business (than the supermarket down the street which happens to have hundreds of stores in multiple states)? Is it based on how much a company makes or the services they provide? Or is Disney being targeted specifically to make a statement (rather than a grocery store)? I'm also unsure where the line is drawn. For instance, how much money does a company have to invest in to accommodate certain groups of people? So does Disney have to give a CM to each blind person to walk them through the park and explain what is going on? If they do, doesn't that mean everyone gets this benefit? As I said, it is all very confusing.

As another person said, I'm not blind so I'm not really sure what they need or really what the complaint is all about. I will be interested to see how it is resolved though.

 

[PIRATEGIRL007]

More info here on the DIS blog: Disney and Visually Impaired Guests Prepare for Discrimination Trial

 

[kadesha]

I'm not sure I understand what can be done to make a live parade or show more accomodating...

 

[brerrabbit]

I am not blind or disabled and thank God for my many blessings. But sometimes laws go to far and people see them as ways to make money. The chose to go after Disney because they have deep pockets. It would seem to me that before they ever get to a point where Disney might lose such a case, they would merely say okay, your right and correct the issues. The Plantiffs however are not really fighting for that and would hope Disney would not change things because ultimately they want to go the distance and be awarded damages.

Laws like this are what makes me wonder if they are the reason there is braile on the drive through ATM at my bank. I mean okay I understand equality and access but really? Blind people need drive through ATM machines?

 

[amylevan]

What I guess I don't understand about ADA and Disney is this - if you don't feel that disney is going to provide you with an adequate vacation experience - DONT GO! No one NEEDS to go to Disney. Granted, I do not have a disability, so maybe I am not the right person to make a call on this....but really, I see the need for ADA compliant PUBLIC use. Disney is not public, it's private property. And there is nothing there that you absolutely NEED to do, it's a technically a luxury.

 

[bumbershoot]

I'm sorry that one is ridiculous No flames please.

Yes I agree there are a ton of sue happy people out there. Some people will find ANY excuse to get a few million dollars (if you remember a woman sued McDonald's because she spilt coffee ON HERSELF and sued because it was hot and she won) so it would make sense that people would sue because in most cases they win

No no no no no. You shoot yourself in the foot by mentioning the McDonald's case. McD's was almost completely at fault (and the judgment that the public got to see reflected that, giving a certain percentage of the jury's amount, and calling the rest of the percentage not their fault).

McD's had coffee that was LONG KNOWN to be literally SCALDING hot, served in styrofoam cups that insulated the customer's hand from the heat so well they had no idea how hot the coffee was inside of it.

Coffee that is handed to you through a drive-thru should NOT be so hot that when spilled causes THIRD DEGREE burns and the need for skin grafts. Which is exactly what happened, in the GROIN area of this elderly woman.


She first contacted them to simply request her exact hospital costs. They said no, so it went on. The point of the court system is that a truly frivolous suit doesn't get through. Anything can be filed, but the ones that make it through *have merit*.

This lady won. She absolutely, positively, was injured quite severely by the fact that this coffee, which, last I checked, is for *drinking*, caused her to have skin grafts. McDs had had numerous complaints about the temperature they were holding their coffee at, it was NOT industry standard, and apart from spilling it, THEY were at fault.

And lastly, *no one knows* how much she got. We got to see the jury's idea and then what the judge said was their percentage and her percentage of fault. But the rest of it...the appeals and all that, were behind closed doors. We have no idea what she ultimately got.




From what I read in the article linked to this board the other day, this has been going on for a long time. The braille stuff in the parks (at least at Disneyland), from what I read, was added AFTER this started, as a reaction to their complaints. It's not something they always had. They were in talks, they were close to working it out, then the group decided it wasn't good enough for whatever reason, and now, only now, they are headed to trial.

But this isn't something new. The group and Disney have been dealing with it for awhile.

 

[nytimez]

Gotta love that the knee-jerk reaction 'round here is always "DEFEND DISNEY!" even among people who admit they don't have all the facts.

 

[goofyernmost]

I hesitate to jump into this discussion because I know that I will be accused of all sorts of atrocities including afternoon and evening thundershowers, but I do have an opinion and feel the need to express it.

First let me say that being blind would be a deal breaker for me. I cannot imagine not being able to see what is going on around me. I have nothing but empathy for those with that disability.

That said, every disability comes with certain built in, well, disabilities. Disney cannot correct the problem and have their own built in, screaming, problem with relation to that particular disability. That would be that 99.5% of a theme park is visual. It is impossible to provide a complete experience because of that. I, thankfully, have never been blind but as I think about it, I cannot think of any reason why I would want to immerse myself in that type of situation where I can hear what is happening but cannot really experience it. Just as a paraplegic wouldn't be able to run a marathon a blind person due to their disability would only be able to appreciate WDW by about .5% of what is available. Those of you that have been so vocal about how bad "Sounds Dangerous" was should be able to identify with this. Why would anyone want to sit in the dark (so to speak) and just listen to the fun going on around them.

As stated by others, Disney has done many things to attempt to accommodate a person that is visually impaired, the best they can. What else can they do, realistically. One of the points made was provide discounted rates for people that would need to accompany the person that needs help negotiating a place like Disney. Does that mean that Parents should be given a discounted rate because their small children would not be able to enjoy Disney on their own and need assistance? Would the person accompanying them need to take some sort of a vow to not enjoy or remember their experience. If not, why wouldn't they be actually getting more from the visit then the impaired person? If anyone, shouldn't it be the impaired person that gets a discount because their experience will be a lot less then a sighted person?

Would it be expected that Disney spend literally tons of money to make it an even more personal experience then anyone else would have and are the numbers of potential vision impaired people that could or would want to attend a park be sufficient to justify the expense. Due to that fact that those without total blindness all have varying degrees of needs, how is any one organization expected to be able to accommodate every single scenario.

Or is this just another way to extort money for Lawyers from the deep pockets that are Disney's?

I do feel bad for those with sight problems that are serious enough to create the needs spelled out in the suit, but I can't help but feeling that the only real benefactors of this type of lawsuit would be those in the legal profession. I feel that the problems of this group are being exploited in an effort to just get a big legal paycheck for the litigators.

 

[nytimez]

Laws like this are what makes me wonder if they are the reason there is braile on the drive through ATM at my bank. I mean okay I understand equality and access but really? Blind people need drive through ATM machines?

Maybe that seems silly, but a blind/visually impaired person can be driven through the drive-through. Certainly, if you're driving one to the bank, it's a lot easier to pull them up to the drive-through ATM than walk them into the bank.

In addition, I'm sure ATM makers generally make one set of parts that can be used interchangeably in most if not all their machines.

 

[chartle]

Laws like this are what makes me wonder if they are the reason there is braile on the drive through ATM at my bank. I mean okay I understand equality and access but really? Blind people need drive through ATM machines?

This one is easy, its the same machine they could use as a walk up so its cheaper/easier to just make one machine, but I too have some issues with some of the stuff in this suit.

 

[LucyBC80]

I'm not sure I understand what can be done to make a live parade or show more accomodating...

I'm still trying to figure this one out!

 

[mattsdragon]

This is just my feeling everytime I see something like this, be it suing Disney or any other busines.

Aren't they called "disabilities" for a reason? You aren't "able" to do everything, hence the "dis" on the front (as opposed to the DIS. . .which, my wife would argue is it's own form of mental disability) I mean, I don't want to seem cold or callous, I guess I am just trying to figure out whta they expect Disney to do?

Don't get me wrong, I think being blind would pretty much stink, and I know there are great stories about blind people, or other disabled people doing great feats, but they are the exception to the rule.

I guess I'm just saying that no company can, or should be expected to be able to fully accomodate every person. And there is no reason to further bog down our court system with these trivial lawsuits.

Now I'm going to hear from everyone who has every form of disability, real or imagined telling me how horrible I am and how I just don't know what they go through. . .blah blah blah. Truth be told, you're right, I don't know, and I'm at the point where it is getting hard to care anymore. I am usually very sympathetic to other peoples situations, but I'm also a pragmatist who understands that if we keep trying to appease every nagging special interest, then eventually there isn't going to be a Walt Disney World, Wal-Mart, or airline left in the world because it's not financially feasable to take every precaution on the chance that someone might sue, and even if you do, someone will still sue because the shade of the grass hurt their sensitive eyes when it reflected the sunlight because it was too much of a contrast with the pavement.

 

[cluvsdisney]

Are these requests in line with what is provided by other entertainment facilities?

Some of them seem easy to meet such as the request for printed material, providing for the needs of service animals and putting some lockers in a more accessible area in DL (how are they inaccessable? I have never been to DL)

DL must have a handicapped parking area, don't they?

I don't think the Disney website works that great for guests without vision problems, so it's no surprise it doesn't work for special programs. Is this a requirement by the ADA? Are all other websites compatible with this reader software?

Providing discounts to aids? No.
Providing aids? Sure, but at a cost. They don't lend wheelchairs or ecvs, they rent them. I suppose they could rent devices with audio descriptions of things as the pass based on GPS or technology similar to those Pal Mickeys which were popular a few years back.

Parades & live shows. Not sure how that can be accomodated unless they want someone standing next to them describing everything.

How are they discriminated against by costumed characters?