Disney Being Sued by Visually Impaired Guests

[NotUrsula]

My grocery store doesn't have a place for guide dogs to relieve themselves either. Nor does the bank, the public library, the courthouse. Are they all being sued too?

The law does not require that for all public places, only for certain types of places where the animals are likely to not be able to leave the premises for many hours. I'm not sure that Federal law requires it for theme parks at all; I suspect that state law primarily applies in this situation.

Has an advocacy group for the blind tried ASKING Disney to make some broader accommodations for their population, before resorting to a lawsuit?

Probably. There is nothing to say that two means to the remedy could not be pursued simultaneously by different parties. Class-action lawsuits can be pursued by anyone with standing and the filing fee; there is no law that says that you must try to attain your goal by other means before filing one.

 

[Jennasis]

Probably. There is nothing to say that two means to the remedy could not be pursued simultaneously by different parties. Class-action lawsuits can be pursued by anyone with standing and the filing fee; there is no law that says that you must try to attain your goal by other means before filing one.

Law suits just leave a bad taste in my mouth, that's all. Why sue if you can lobby for change. I feel like you can win more people to your cause without resorting to what is essentially "Mommy, make them do it!"

 

[duffy]

Put on a KKK outfit (or Erik Estrada costume) and try and walk into MK. It isn't going to happen.

I understand why Disney may not want people in Klan outfits walking around, but what's wrong with Erik Estrada?

Was he banned from the parks for life, that he is so unwelcome?

What does an Erik Estrada costume even look like?

 

[iheartdisney]

Law suits just leave a bad taste in my mouth, that's all. Why sue if you can lobby for change. I feel like you can win more people to your cause without resorting to what is essentially "Mommy, make them do it!"

Not to mention that I immediately distrust the motives when the lawyer operates a "boutique disability law practice." That reeks of "walks around with a tape measure looking for companies to sue for ADA compliance violations."

Just looking at the complaints listed in the article:


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;
From the WDW website:

BRAILLE GUIDEBOOKS
Braille Guidebooks are available for each of the 4 Disney theme parks and include attraction, restaurant and store descriptions.
A limited number of Braille Guidebooks are available to rent on a first-come, first-served basis at Guest Relations and require a $25.00 refundable deposit. (Refund is given when returned on the same day.)

STATIONARY BRAILLE MAPS
These maps use large print with a clear Braille overlay and some additional raised graphics to highlight key landmarks and attractions for easy orientation.
Braille Maps can be found in all 4 Disney theme parks, at or near the Guest Relations Lobby, and in the Downtown Disney area.

Disney does not accommodate the needs of guide dogs or their owners in the parks
A reputable trained guide dog is trained to "go" on command.So shouldn't it be the responsibility of the dog owner or handler to know to get themselves to an approved area before that time comes? I know as a parent is my responsibility to get my children to a restroom BEFORE they need to potty in the flowerbeds.
And looking at the list of attractions that a service animal can accompany the owner, it looks like the are allowed on almost every ride except those that require a height restriction. I don't think that the shoulder restraints on RnR are made to fit a dog.
Finally, if they want a kennel outside the ride for their service animal, why can't I have one to lock up my too-short children so i can enjoy an attraction?

Disney’s websites do not accommodate blind persons who use screen reader programs to access information;
Ummm... Disney's websites aren't accomodating to sighted guests. So we can all sue for the worst websites on the web!!

Disney does not accommodate the needs of blind persons during live parades and shows;
This one has been covered in length. If you want a seat on the front row, get there early. Also from WDW website:
AUDIO DESCRIPTION

Walt Disney World Resort offers Audio Description through Disney's Handheld Device, which provides supplemental audio by describing visual elements such as actions, settings and scene changes, and works with existing show audio at specific theme park attractions.
A $100.00 deposit is required and is fully refunded when the device is returned on the same day. Devices are available at Theme Park Guest Relations.

Disney provides neither sighted guides for blind visitors nor discounted admission for sighted companions who accompany and support blind persons in the parks;
1. Regarding the escort: If you want a VIP guide, like the general public, you have to pay for one. I would LOVE a plaid escort, but I can't afford one- so I don't get one.

2. Regarding discounts for "companions": We are back on the slippery slope. What degree of visual impairment will qualify you for discounted companion tickets? This is a serious question. My DD has a congenital visual impairment. Technically, it is a brain impairment, her eyes are healthy. Do you really want to CMs in the ticket booth to have to play death panel foreman in pricing tickets? If your eyesight is 20/20, your husband's ticket is full price. If it is 20/800, is that a 50% discount? If you are legally blind, 75%? Who will be judging the severity of a guest's disability, and what will be the criteria?
Also, what of other disabilities? Every day parents, family members and friends are are accompanying and supporting guests with every imaginable disability with no expectation of a discounted admission. Again, who heads up the panel to decide what severity of disability entitles you to a discounted companion ticket?

Disney’s costumed characters discriminate against blind visitors who are accompanied by guide dogs
I have seen many photos on this message board to the contrary. But I can totally see Cruelle De Vil threatening to make a coat from someone's companion.

Lockers at Disneyland are inaccessible for disabled persons;
I have never used the lockers myself so I can't see how the lockers discriminate, but I am pretty sure that the locker area has an attendant who's job it is to assist guests who need it.

Parking garages at Disneyland are inaccessible for disabled persons.
I call shenanigans on this one.. All of the disabled spots in M&F are DIRECTLY in front of the elevators, or on the ground level. If you are parked in Chip and Dale or Pinnochio there is a clearly marked crosswalk with a crossing guard to alert you when it is safe to cross. If someone wants to argue "Yes, but how can a visually impaired guest find the crosswalk?" I will counter with this: How did a guest with that severity of a visual impairment drive into the parking garage?

 

[MolonLabe]

I understand why Disney may not want people in Klan outfits walking around, but what's wrong with Erik Estrada?

Was he banned from the parks for life, that he is so unwelcome?

What does an Erik Estrada costume even look like?

Lol, it's from another security thread on here. Someone showed up at MK dressed like Erik Estrada and security told him he had to go change or he couldn't come in.

Apparently Disney is concerned that celebrity impersonators may do something inappropriate and guests could reasonably believe the impersonator was a CM. Makes sense to me, considering how many characters Disney has in their parks, I wouldn't want to take the risk either.

 

[duffy]

Lol, it's from another security thread on here. Someone showed up at MK dressed like Erik Estrada and security told him he had to go change or he couldn't come in.

Apparently Disney is concerned that celebrity impersonators may do something inappropriate and guests could reasonably believe the impersonator was a CM. Makes sense to me, considering how many characters Disney has in their parks, I wouldn't want to take the risk either.

I confess to being disappointed by your answer. I was looking forward to a great story about E. E. being thrown out of the parks, and why.

Oh, well.

 

[jsilvers]

Lockers at Disneyland are inaccessible for disabled persons;
I have never used the lockers myself so I can't see how the lockers discriminate, but I am pretty sure that the locker area has an attendant who's job it is to assist guests who need it.

Note that the specific claims from the complaint were discussed earlier. In regard to lockers, the alleged problem includes the lack of an attendant:

Renting lockers to park visitors which are inaccessible to persons with visual impairments because the lockers 1) utilize an inaccessible touch screen; 2) have no attendant to assist the visually impaired and 3) provide only a printed receipt with the combination to open the rented locker.​

Not having used the lockers either, I have no idea if this is true.

Parking garages at Disneyland are inaccessible for disabled persons.
I call shenanigans on this one.. All of the disabled spots in M&F are DIRECTLY in front of the elevators, or on the ground level. If you are parked in Chip and Dale or Pinnochio there is a clearly marked crosswalk with a crossing guard to alert you when it is safe to cross. If someone wants to argue "Yes, but how can a visually impaired guest find the crosswalk?" I will counter with this: How did a guest with that severity of a visual impairment drive into the parking garage?

The garage-related allegations also were discussed a bit earlier. They generally concern how a guest with vision-related disabilities can navigate once out of a car (ADA Accessibility Guidelines sections 4.6.2, 4.1.2, 4.1.3., 4.7.7., 4.29.2, and 4.29.5). For example, section 4.29.5 requires:

Detectable Warnings at Hazardous Vehicular Areas. If a walk crosses or adjoins a vehicular way, and the walking surfaces are not separated by curbs, railings, or other elements between the pedestrian areas and vehicular areas, the boundary between the areas shall be defined by a continuous detectable warning which is 36 in (915 mm) wide....​

Again, I have no idea if this is an actual problem.

 

[jcb]

Yesterday, the district court issued an order which stated:

On February 27, 2012, the parties filed a joint report of settlement of claims [Doc. # 186], in which they indicated “that they have reached a full and complete settlement of all claims made on behalf of the class in this action, as well as all claims made by the individual plaintiffs.” (Jt. Rep. at 1-2.) The parties expressed their intent “to file papers seeking the Court’s preliminary approval of the settlement and proposed form of class notice by no later than March 19, 2012.” (Id. at 2.)
The parties have not yet filed the contemplated papers and the date by which they anticipated filing them has now passed. Accordingly, IT IS HEREBY ORDERED that the parties shall file a joint status report by no later than April 9, 2012 and file their motion papers seeking preliminary approval of the class action settlement by no later than April 23, 2012.

Looks like Disney is closer to settling this. As the order implies, the rules on settlement of class actions requires the settlement be filed and approved by the court. Look for specific information on the terms of the settlement before the end of April.

 

[jsilvers]

The settlement agreement now has been filed with the court. Some of the claims have been narrowed or dropped altogether. In addition to changes in Disney practices/policy, the named plaintiffs would get $15,000 each, and their attorneys would get fees/costs of up $1.55 million.

The document itself is 95 pages (http://ia600502.us.archive.org/19/items/gov.uscourts.cacd.479242/gov.uscourts.cacd.479242.196.1.pdf), but includes the following summary of its key terms:

Under the Settlement Agreement Disney has agreed to enhance the services it currently offers to guests with visual impairments at the Disney Parks and on websites owned or operated by Disney. Those changes include: updating its guidelines regarding the manner in which costumed Disney characters interact with guests accompanied by service animals; providing certain Braille schedules, menus and maps; providing additional audio description and information about facilities and attractions on the handheld device already available to guests with visual disabilities; modifying policies and practices applicable to guests accompanied by service animals, including designating additional relief areas for service animals and modifying the options available to guests accompanied by service animals when service animals cannot ride on certain attractions; providing a limited number of free admission passes to be distributed by an agreed-upon charitable organization serving individuals with visual impairments; modifying guidelines regarding the reserved viewing areas for guests with disabilities at live parades; enhancing locker and parking facilities; and enhancing procedures and standards for making websites owned or operated by Disney accessible to users who access those websites using screen reader software utilities.​