Disney Being Sued by Visually Impaired Guests

[mattsdragon]

No self-respecting cat would take backseat to a dog.

I don't know of any self respecting cats.

 

[chartle]

No self-respecting cat would take backseat to a dog.

Wrong the calico in the back would have had to sneak on the ride because he would be too short.

 

[nytimez]

I don't know of any self respecting cats.

Fine. No self-hating cat would take backseat to a dog, either.

 

[raidermatt]

You don;t know what you;re talking about, because you haven;t actually been in that situation. I always get a GAC. It doesn't always help. Haunted Mansion is the worst about it, actually. Besides it being extra dark, the CM's hustle you through loading like Lucy and Ethel in the chocolate factory. If you do want the belt slowed down, you have to ask several times. And you have to go after them in the dark to do it, because they walk away from you while you're talking. And I'd rather not HAVE to slow it down in the first place. I wouldn't have to if they'd let me wait like I asked.

I was only trying to help, but if you want to go at it that way, yes, I do know what I'm talking about. I've been in party that had a person in a wheelchair and they slowed the ride to give them time to enter and exit.

Perhaps you had bad CMs, but that was not our experience, nor is that what I've witnessed at other times. Nor did we have to ask multiple times, in fact we didn't ask at all, they just did it.

Would they have made it if they hadn't slowed the ride? Not sure, but I've seen people who took a long time to load and off-load and needed the extra time to board and off-load. That's why they slow it down.

Not everybody is the same of course, and that's one of the main points here. Just because the system isn't optimal for a given person, it doesn't mean the system is broken.

I'd like to know how you know who's abusing the system and who isn't. You can't tell by looking. How are you even sure anybody IS? And even if you had some way of knowing, do you honestly think it's a significant number? Anyone who'll go to the trouble of faking a disability to get some meager accommodation isn't going to be deterred from gaming the system SOMEHOW. Selfish jerks will be selfish jerks. Isn't it better to just let it go, in the knowledge that the people who need help are getting it?

When did I say I could tell exactly who is abusing the system? I only said I knew it was being abused. The only way it wouldn't be is if there were no selfish jerks, which you agree do exist. So why question whether it is abused?

You do not even have to fake a disability. You simply have to say you have one, or even an injury.

Do I know what percentage it is? Of course not, I didn't say I did. I only said it happens and we all know it happens. That's not a slight against you, since your needs are legit. Why take it as a slight?

The issue could be avoided altogether, or at least minimized, if Disney asked for some type of proof of disability or injury. Of course some would still get around it, but the number would be far less. But they don't ask, either because they can't or are afraid to, and that's too bad.

That's all I was saying.

Is it better to just let it go, knowing that those who are needing help are getting it? No, because nothing I have said indicates in any way that I think those who need help should not get it. Of course they should. I am only saying that those who don't need it shouldn't. I'm not sure why you would disagree with that.

 

[mattsdragon]

Fine. No self-hating cat would take backseat to a dog, either.

Is this better. . .

I've seen a house fly
and I've seen a dragon fly. . .

I've seen a Peanut stand,
Heard a Rubber Band

But I think I've seen 'bout everything,

When I see a dog on RNR.

 

[Schmeck]

According to ADA Disney cannot ask for proof before giving someone a Guest Assistance Card or the like, so I'm guessing they would not be able to demand proof that someone needed a companion before discounting the companion, either. So that's probably an idea Disney is reluctant to implement (otherwise anyone could get an exemption, disabled or not, at least in theory).

I think chartle's right that it wouldn't be legally required, but I also think the "shouldn't have to prove it" aspect makes some American businesses wary of offering some accommodations, or of offering them for free.



I do not understand why Disney won't allow the visually impaired to sit in a handicapped area. In what sense is "visually impaired" not "handicapped"?

Actually, according to section 12182(b)(1)(A)(ii) of the ADA, to give a discount to a specific population without the same being offered to the general public, without proof of disability, is illegal. It allows unequal access. I know Seaworld does this, and they are actually breaking the law.

 

[nytimez]

 

[raidermatt]

You're free to criticize, and courts certainly can make mistakes (otherwise there would be no need for appeals).

But if you're going to ask us to choose between you and a federal judge, guess who I'm going to trust (absent any proof of heavy-duty legal credentials on your part, including expertise in the standards for class certification)?

I'm not asking you to do anything. And anything I told you about any credentials I may or may not have would rightly be viewed with skepticism anyway.

But I'd wager a large sum of money that YOU know more about Disney's complaint system than the judge does, and that deep down, you know very well that less than one complaint per month is a drop in the bucket when you consider the likely number of visually impaired visitors Disney has in Orlando and Anaheim.

 

[SueM in MN]

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?

Websites are required to be accessible, but not all websites are. It's kind of a work in progress. There are specific guidelines of how the sites are supposed to be set up.
Those web reader enabled websites are used by all sorts of people with what are called 'print disabilities'. Some have vision impairments, but others may have physical disabilities that prevent them from navigating the page the same way as most of us do.
This is an example of one of WDW's plain text pages:
http://disneyworld.disney.go.com/plain-text/
I don't know how many of their pages are available in plain text or how well their regular ones work with a screen reader.

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.

They lend out the audio description devices. There is a refundable deposit that you get back when the device is returned.
Complaints I have heard about the devices is that they sometimes don't have the same script as the show does, so the descriptions don't come in the correct place. People have also reported on the disABILITIES Board that the devices are sometimes not set up correctly, so they get into a show expecting it to work, but it doesn't.

According to the complaint, the locker problem is:

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.
​

that is one way that technology probably made things harder for some groups. The old lockers with keys would have probably been accessible.

http://www.forizs-dogali.com/cms/uploads/D16-1st%20Amnd%20Complaint.pdf

According to the complaint:

Violating the following provisions of the Americans with Disabilities Act Accessibility Guidelines ("ADAAG") at the Disneyland parking structure and parking lot: 4.6.2, 4.1.2, 4.1.3., 4.7.7., 4.29.2, and 4.29.5; all so as to violate the Americans with Disabilities Act and Title 24 of the California Code of Regulations.​

Note that the ADAAG can be found at http://www.access-board.gov/adaag/html/adaag.htm.

It should be pointed out that Disney parks are covered under the ADAAG - they are included as "places of public accommodation" and are required to accommodate the needs of guests with disabilities.

According to the complaint:

Maintaining a policy of refusing to allow costumed Disney characters to interact with visually impaired patrons with service animals at the theme parks, hotels, restaurants, and shops at the Walt Disney World Resort in Florida and Disneyland/California Adventure in California.​

Of course, the allegations made in a complaint are not necessarily true, and are not necessarily illegal even if true.

I agree - there is a whole thread of pictures of guests with their service dogs at WDW with characters on the disABILITIES Board. I have never heard of anyone having difficulty with the characters - although the may have been some situations and I can see where characters (who can't see well in their costumes) might be unsure of how best to interact with a dog that is actually leading a person who is blind.

First of all, I cannot even imagine having a disability that limits my everyday function like being blind.

I have yet to see somewhere as accommodating as the Disney parks. There's only so much that can be done realistically. If you have a disability, you can expect everything to be twisted to fit your needs, what about other peoples' needs? If I was missing my hands, I wouldn't sue the city because I couldn't go on the monkey bars in the park. There are just things that certain people cannot do.

But it's all a moot point because WDW and DLR are private institutions and they should be able to do what they want in terms of accessibility.

The world isn't fair. Get over it.

As noted above, Disney is required to follow the ADA, the same as restaurants, hotels or other places that are open to the public.

Hi everyone! I am going to jump on in here with my two cents, and hopefully won't get flamed for anything...mainly the length of this post My husband is blind. I have Multiple Sclerosis. Different disabilities, with needs for different accommodations. Disney has NEVER been a problem for either one of us to deal with. Let me go through our experiences with his blindness.

First off, my husband never took his guide dog to Disney, or any amusement park for that matter because he feels 1. the pavement could be too hot for puppy feet (we live in Pittsburgh, not exactly a warm climate) 2. making a dog get on a ride that is clearly atypical movement for the dog is cruel, and 3. he doesn't want to have someone the dog is unfamiliar with be responsible for HIS dog while he decided to go on rides. I understand that not every blind person has the option of leaving their "eyes" behind, so I must admit, that Disney may need to have more "potty spaces" for the dogs, as we didn't see very many areas for the dogs to relieve themselves, but I also openly admit we weren't actively looking for one, although there are places for them to go. They aren't always in a convenient location. And as for the lawsuit stating that the characters discriminate because of guide dogs, I can't really comment on that because we never took the dog, and we don't typically wait in line for character photos.

The is no requirement that a public accommodation take care of a dog while the person using the service dog rides an attraction. In fact, the portions of the ADA that deal with service dogs/guide dogs specifically say that the owner/user is responsible for the dog at all times.

Disney's policy for service dogs on attractions is that if the dog is not riding, another member of their party is responsible for the dog.

The lawsuit states that Disney does not supply sighted companions, or offer discounted admission for sighted companions. Why should they offer lower admission for another PERSON sighted or not to get into the park? And as for supplying a sighted companion, I imagine if you make per-arrangements Disney will accommodate the request.

I think the issue here is that people have to make prior arrangements and not just assume that these things will be there waiting for them. These things will be waiting if arrangements are made. People have to take responsibility every now and then, handicapped or not. Just my two cents.

There is no requirement u der the ADA that a place like Disney World provide a discount for any other person with a disability who requires a companion for assistance, so I don't think there would be any requirement for them to provide that for people with visual disabilities either.
In general, if a guest requires a companion to get around or enjoy the park, it's up to the person to provide that.
A similar situation would be using a wheelchair - if someone is not able to propel their own wheelchair around the park for the whole day, there is nothing in the ADA that says a "pusher" needs to be provided or that the friend or family membe of the person in the wheelchair needs to be offered a discount.

They don't offer companion discount? That's kind of weird to me, because I used to work in a park in Norway that offered that. Obviously you would need proof that you need a companion, as in that you need assistance to get around and on the rides and such. I guess maybe blindness isn't considered a disability where you need a companion?

There are some places in the US that give a discount to the person with a disability or to their companion, if they need one. That is the business's choice. There is no requirement that they do it.

According to ADA Disney cannot ask for proof before giving someone a Guest Assistance Card or the like, so I'm guessing they would not be able to demand proof that someone needed a companion before discounting the companion, either. So that's probably an idea Disney is reluctant to implement (otherwise anyone could get an exemption, disabled or not, at least in theory).......
I do not understand why Disney won't allow the visually impaired to sit in a handicapped area. In what sense is "visually impaired" not "handicapped"?

actually, they could require proof of disability for a discount because that fits into a different category - it is giving something of value that is not available to the general public. There are things like the National Parka that offer a discount to guests with disabilities - they are allowed to require proof of disability and it is not possible to get the discount without providing proof.

For the handicapped seating area - for shows, all or the majority of the handicapped seating is in the back row - not the appropriate place for someone who needs to be near the front. My DD uses a wheelchair, but we ask to sit in th front for shows where there is seating in the front and back because of her other needs, she can see better in the front. We do often see people with visual disabilities sitting in the front row, having been brought there by a CM.

We have had some interesting situations where someone with a vision related disability demanded (usually quite loudly) to stay with the guests in wheelchairs , even though the CM was trying to get them to go to a different place because all the wheelchair seating was at the back. "I know my rights. I have the right to be seated with the guests in wheelchairs". They usually end up getting a supervisor and still not listening. The funniest was in Honey I Shrunk the Audience where the family just kept demanding to sit with the guests with wheelchairs, even when the supervisor told them very clearly that the door we were waiting at led ONLY to the back row. When the door opened and it lead only to the back row, then they started yelling that their needs were not being met because they could not see from the back row.

My guess is that the area is for those whose handicap does not allow them to stand, therefore they would have to arrive much earlier than other guests to get a spot where they could see the show.

A visually impaired person can stand just as well as anybody else and therefore has an equal opportunity to get a good spot.

The handicapped viewing areas for parades and Illuminations are set up so lines of guests using wheelchairs or ECVs are closely parked next to each other across the front of the viewing area. The rest of their party stands behind them and there are sometimes a row of benches along the back of the viewing area.
The reason that the rest of the party has to be behind the guests in wheelchairs is so the guests who are seated in wheelchairs or ECVs can see. Since they are seated, a standing guest next to them restricts their ability to see the parade.
Having a standing group of people with visual disabilities would prevent those who can't stand from seeing.

Those handicapped viewing areas often fill up very quickly, so we often need to be there way before we would need to be staking out a spot along the curb. Now, if the parks wanted to make a separate handicapped viewing area for guests with other disabilities who will be standing at the curb, that would work, but mixing standing and seated people does not.

Parking along the curb outside of the handicapped areas with a wheelchair can also be a hazard -people don't see guests in wheelchairs because they are sitting lower. If the front wheels of the wheelchair or ECV go over the curb the wheelchair/ECV will topple forward, so we need to leave enough space between DD's wheels and the edge of the curb to prevent that. People seeing that 'space' do try to stand there, even though they are completely blocking her view. Even if no one stands in front of her, her view is pretty much just whatever is in front of her because she is sitting with her head at child head height a good 20-24 inches from the edge of the curb while those on either side of her are right up to the curb. Kind of like viewing the parade as it passes by a doorway.

Per a previous poster though, I suppose the argument could be made that if a visually impaired person has some vision, they might benefit from being closer. But I'm not sure that flies either. Being in the handicapped area doesn't guarantee you a front row spot, or even a spot any closer than the rest of the viewers. All it gives you is a spot where you can arrive at a reasonable time, just like everybody else, and can maneuver your vehicle.

I agree - those not sitting on a mobility device are not going to be in the front anyway. And, some of the very busy spots have wheelchairs and ECVs parked 2 or even 3 rows deep.

I have not read the most recent version of the lawsuit, but part of the original complaint stated that Disney should allow companions for VI folk in at a deeply discounted rate. It also alleged that Disney did not do enough to accomodate guide animals and have enough places for the animals to deficate. They also alleged that Disney didn't have kennels or rooms to hold guide animals while a person was on an attraction.

As far as I know, there is no requirement for any public place make that kind of accommodation for a service animal. My DD has a service dog, which we have not brought to WDW. I Know that the ADA portion about service animals stats that the handler must be in control of the animal at all timesand that there is no requirement for a public accommodation to provide care. I don't know for sure, but don't think that there are special rules for guide dogs.

I have heard that Universal does have kennels at some attractions. I think that is their choice though, rather than required.

A big part of this complaint is that Disney parks are not accessible enough for a VI person to navigate the parks 100% solo. The Braille maps stationed at ONE location in each park are crap. I made better maps for my former students out of paper and puffy paint and a bit of tape.

HOWEVER, I know Disney has been making a conscious effort to upgrade mobility devices that bounce off the Pal Mickey sensors, including locations to the nearest restroom or close attractions. Part of the original suit also alleged that this technology was ineffective and broke down a lot. When a sighted person tested this allegation, (and actually sat through the CM instructional), the device did lock up, but the person knew how to reset the device and was back up and running within 5 minutes.

I believe it is a frivilous lawsuit, so do my former students. While we all agree there are parts that Disney parks could do to improve VI accomodations, there are petty pieces of lowball crap in the suit that are laughable at best.

 

[SueM in MN]

This is the part of the Service ANimal information about rides from the WDW website:
(and, as most guessed, Rock N Roller Coaster doesn't allow service animals, so I think the previous poster is remembering wrong).

Restrictions for Service Animals
Due to the nature of the experience, service animals at Walt Disney World Resort are not permitted on the following Disney Theme Park attractions:
Magic Kingdom Park
*******· Big Thunder Mountain Railroad
*******· Peter Pan's Flight
*******· Space Mountain
*******· Splash Mountain
Epcot
*******· Mission: SPACE
*******· Test Track
*******· The Land: Soarin'™
Disney's Hollywood Studios
*******· Rock 'n' Roller Coaster Starring Aerosmith
*******· Star Tours – The Adventures Continue
*******· The Twilight Zone Tower of Terror
Disney's Animal Kingdom Park
*******· Affection Section at Rafiki's Planet Watch
*******· DINOSAUR
*******· Kali River Rapids
*******· Expedition Everest
*******· Primeval Whirl

Due to the nature of the experience, Guests with service animals visiting Walt Disney World Resort should check with a Disney Cast Member for attraction and boarding information at the following Disney Theme Park attractions:
Magic Kingdom Park
*******· Prince Charming Regal Carrousel
*******· Stitch's Great Escape!
Epcot
*******· Imagination: "Honey, I Shrunk the Audience"
*******· Innoventions East and West
*******· Spaceship Earth
Disney's Hollywood Studios
*******· The Great Movie Ride
*******· Toy Story Mania
Disney's Animal Kingdom Park
*******· "It's Tough To Be A Bug!"
*******· Kilimanjaro Safaris
*******· Aviary area of Pangani Forest Exploration Trail
*******· Aviary area of Maharajah Jungle Trek

 

[siugoalie78]

Looking forward to reading the rest of these posts tomorrow. In the meantime, i'd like to shade one experience of how the ADA enforcers are getting to be ridiculous. DW and I moved to Virginia about 6 years ago. After moving out here I enrolled in an online Masters degree program through Virginia Tech (Go Hokies!). About a year before I was finished, DS was born about 2 months early, and had to spend 6 weeks in the NICU. Anyway, I kept plugging at it, and with their love and support, finished. I wanted to walk through the line at graduation, and for them to be there and watch. The graduation for the grad school was in the basketball arena. a HUGE place, with SEVERAL entrances to the seating sections. My son was about 16 months old, and had to be in a stroller for my wife to be able to handle him by herself. Anyway, she found an out of the way place and was set to watch, when some idiot woman claiming to be from the ADA accosted her and told her she couldn't be there with that stroller, because it blocked the area for wheel chairs, or something. So, my wife moved. The lady followed her to where she went next, and told her the stroller couldn't even be in the building! Wow. So, my wife calls my cell, hysterical. After all we had been through, some ADA Nazi is gonna try to keep her from watching me graduate! So, I get out of line and find a police officer. He tells me to have her move again. The ADA lady is STILL following and harassing her, so the cop finally goes to sit with my wife, and she was able to watch the ceremony. ADA lady leaves. So, the cop left, and guess what! ADA lady comes back! So I ask the cop to go sit with her again, which he did, and was there the rest of the ceremony.

Now - I don't take issue with people having special needs. My own mother is totally blind, so I know all about special needs. But come on! You are not going to allow a stroller in a huge arena, because somebody in a wheelchair might decide they want to get through that section? There are like 25+ entrances to seating areas, the place was nowhere near full, and she wasn't bothering anybody! I'm very thankful that police office helped her out, otherwise some ADA idiot would have ruined a very special day, just because they were empowered to.

 

[nytimez]

Looking forward to reading the rest of these posts tomorrow. In the meantime, i'd like to shade one experience of how the ADA enforcers are getting to be ridiculous. DW and I moved to Virginia about 6 years ago. After moving out here I enrolled in an online Masters degree program through Virginia Tech (Go Hokies!). About a year before I was finished, DS was born about 2 months early, and had to spend 6 weeks in the NICU. Anyway, I kept plugging at it, and with their love and support, finished. I wanted to walk through the line at graduation, and for them to be there and watch. The graduation for the grad school was in the basketball arena. a HUGE place, with SEVERAL entrances to the seating sections. My son was about 16 months old, and had to be in a stroller for my wife to be able to handle him by herself. Anyway, she found an out of the way place and was set to watch, when some idiot woman claiming to be from the ADA accosted her and told her she couldn't be there with that stroller, because it blocked the area for wheel chairs, or something. So, my wife moved. The lady followed her to where she went next, and told her the stroller couldn't even be in the building! Wow. So, my wife calls my cell, hysterical. After all we had been through, some ADA Nazi is gonna try to keep her from watching me graduate! So, I get out of line and find a police officer. He tells me to have her move again. The ADA lady is STILL following and harassing her, so the cop finally goes to sit with my wife, and she was able to watch the ceremony. ADA lady leaves. So, the cop left, and guess what! ADA lady comes back! So I ask the cop to go sit with her again, which he did, and was there the rest of the ceremony.

Now - I don't take issue with people having special needs. My own mother is totally blind, so I know all about special needs. But come on! You are not going to allow a stroller in a huge arena, because somebody in a wheelchair might decide they want to get through that section? There are like 25+ entrances to seating areas, the place was nowhere near full, and she wasn't bothering anybody! I'm very thankful that police office helped her out, otherwise some ADA idiot would have ruined a very special day, just because they were empowered to.

This is related how?

Side note: There are people from the ADA??

 

[SueM in MN]

This is related how?

Side note: There are people from the ADA??

I think more likely, self appointed ADA woman.

 

[Wadecool]

This is related how?

Side note: There are people from the ADA??

Imagine if the ADA enforcers ever get wind of the rampant stroller use in and around WDW!

 

[canopynut66]

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?

I do think WDW does try to accomodate most guests. and I used to work with a woman that every Friday night she took a married couple that had both been blind since birth to the --movies-- I ask her why and she stated they told her they liked the smells of popcorn and the stereo sounds from the theater and being out among people. They also liked to go to museums and there she would explain an exhibit to them. so to each their own. they were a very happy couple and had not a drop of hate in them. They could also tell when people around them were aggravated they were even there or any where. When one is blind it was explained to me that their other senses are very profound. They would know who was coming in the door when they would answer it for example if they had met you once. truly was amazing to me

 

[stargazertechie]

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

For video they have descriptive video service. For parades I imagine a one eared headset that syncs with the floats as they pass that then give audio cues- "Here is Cinderella and her prince, riding in the carriage. Same basic technology as pal Mickey

 

[kaligal]

Being sick of "sue happy people" is one thing. It may or may not apply in this case, so I think the fact that you're tired of them is an entirely separate thing.

I'd need a LOT more information on most of it to even begin to have an opinion. I was especially curious about these...

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

It would be very difficult for Disney to give discounted admission for people who accompany the blind.

Since Disney cannot insist on people proving that they are blind (or can they?), they would pretty much have to give a discount to anyone who say, "I'm with him and he's blind," wouldn't they?

"If I put on a pair of sunglasses, my friend gets in free..." Wouldn't have too many people faking that!!

I just don't know enough about that case, though.

 

[raidermatt]

SueM, thank you for the informative posts!

 

[jsilvers]

I'm not asking you to do anything. And anything I told you about any credentials I may or may not have would rightly be viewed with skepticism anyway.

I'll take that as an implicit admission that you don't have any legal credentials.

But I'd wager a large sum of money that YOU know more about Disney's complaint system than the judge does, and that deep down, you know very well that less than one complaint per month is a drop in the bucket when you consider the likely number of visually impaired visitors Disney has in Orlando and Anaheim.

And, even if true, that again doesn't mean that guests with disabilities don't encounter problems; only that few actually complain about it.

By your reasoning, I doubt that many class actions ever would be approved.

 

[jsilvers]

The issue could be avoided altogether, or at least minimized, if Disney asked for some type of proof of disability or injury.

Except that would be illegal, as others have already noted. For example, for service animals, the Justice Department's Q&A explains:

Q: How can I tell if an animal is really a service animal and not just a pet?

A: Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability.​

http://www.ada.gov/qasrvc.htm (italics added).