Disney wins disability ride access lawsuit

[Slapshot1188]

“The Clerk is directed to enter judgment providing that Plaintiff shall recover nothing on his claims and that Defendant shall recover costs from Plaintiff,” U.S. District Judge Anne Conway ordered on Thursday, granting Disney’s motion for summary judgment and closing plaintiffs A.L. and D.L.’s case.

“Plaintiff was given an opportunity to experience Magic Kingdom in a similar manner as guests that do not need accommodations,” said the Orlando-based Conway today (read it here). “Nondisabled guests visit Magic Kingdom for rides and attractions that most of them have to wait more than an hour to experience,” the Sunshine State-based judge added. “Comparing this to Plaintiff’s experience, DAS (Disability Access Service) and readmission passes allow him access to those same rides in a fraction of the time.” Giving Disney points, Conway concluded, “thus, DAS and readmission passes afford Plaintiff a similar, or better, experience as those not needing them.”

http://deadline.com/2016/04/disney-...n-americans-with-disabilities-act-1201746416/

Personally I thought it was a silly lawsuit so I'm happy to see some sanity still exists in our justice system.

 

[DisneyHardin]

Sounds like that family thought they could bully Disney into giving them unrestricted anytime Fastpasses for their trips by threatening a lawsuit. Good for Disney for letting it go all the way to court.

 

[wdw4rfam]

The DAS works exactly like it should. i don't see how you can argue that it doesn't solve the need. As a family that used the GAC and now DAS, we are fine with the new system because it is fair to everyone- we wait our turn too. I'm glad Disney didn't let these people bully them.

 

[Magpie]

I suspect the lawsuit was driven, at least in part, by the loss of income some individuals experienced when Disney switched to the DAS and closed certain profitable loopholes. As soon as "I hired a disabled individual to escort me around the parks, skipping all the lines" hit the media, you knew changes would be in the offing. They were competing directly with Disney's own tour services.

 

[UncleMike101]

I suspect the lawsuit was driven, at least in part, by the loss of income some individuals experienced when Disney switched to the DAS and closed certain profitable loopholes. As soon as "I hired a disabled individual to escort me around the parks, skipping all the lines" hit the media, you knew changes would be in the offing. They were competing directly with Disney's own tour services.

As with most things in life those who scam the system make things more difficult for those who obey the rules.

 

[Magpie]

As with most things in life those who scam the system make things more difficult for those who obey the rules.

In situations like this, a friend's mum would always say, "And this is why we can't have nice things!"

 

[HopperFan]

1) THIS case is over. One thing Disney got the courts to do is split up the parties suing as one and make them file individual lawsuits. Hopefully the message is received by the others.

2) I am in the same boat as many of these folks, have followed along and spent hours reading their legal complaints. These lawsuits are frivolous and asking for special privileges.

3) This has absolutely NOTHING to do with tour agencies or hired guides. The DAS Disney implemented didn't have anything to do with that either but the timing was perfect for Disney PR wise. There were very few who were providing this service and the company caught in the crossfire wasn't attempting to abuse, they had a handicapped guide that Disney gave a GAC. They were a casualty of bad press and perfect timing for Disney to implement their new system.

4) The problem is that the GAC was OVERUSED and ABUSED, some by folks lying to get it and mostly by folks using a diagnosis to ask for one even though they didn't need it. Went 18+ years without one because DS (while obviously disabled and with multiple diagnosis) had no special needs regarding the lines. Unfortunately many took advantage of "my kid has xxx" can I have a GAC. FP lines became hugely overburdened with GAC families, especially in DL. The opening of Radiator Springs caused a crush of GAC users. At that point they began counting all of us using it in the lines each day.

5) Disney began working on a new system that addressed the line issues that could not be handled any other way while also reducing the stress on the operations of the attractions.

6) DAS works great and is a fair plan. You plan, you book FP+, you get DAS, you book ADRs, you alternate with bathroom breaks, rest time, less popular attractions etc. I find our days much less stressful with DAS than it was with GAC. Disney is a luxury vacation and it's up to us to make it work for our families.

 

[Lothlórien]

I am glad to see a frivolous lawsuit was stopped in the courts instead of somebody being paid where it was not deserved.

 

[serenitynow]

Plus the defendant (Disney) was awarded court costs! That alone should make the rest of the plaintiffs in similar suits think twice about continuing their lawsuits.

 

[MakiraMarlena]

yeah, it's interesting the way it turned out, can't say I expected a different verdict. The ADA requires reasonable accommodations and equal access. Not better access or special privileges. Disney went with offering much better access for quite a while, but because it was better access, it was being used and abused by persons who were not disabled or whose disability didn't require that type of accommodation. Many GAC users were using it to get shorter waits, because shorter waits are desirable or just "easier," not because they needed shorter waits. That's not great for persons who feel they NEED shorter waits due to a disability, but they are being accommodated by being permitted to leave the queue and come back.

With the actions the court has taken regarding individual lawsuits, it is possible that someone, somewhere, may someday bring a suit that can prove they have or are representing someone who has a disability wherein that person NEEDS quicker access to attractions in order to achieve equal access and having a "place holder" for the queue is not sufficient, but that's going to be for a court to determine on an individual basis sometime down the road. But it isn't going to be done as a class action. Some of the members of this class were autistic persons who were alleged to have the need to stay on the same ride over and over and over. I'm not adjudicating the case, but that doesn't sound to me like it is about equal access. They might have been alleging that these persons' disability would be exacerbated if they weren't allowed to stay on their chosen ride as much as they wanted, but that isn't what ADA is about; it's a question of whether they have the same access to the attraction as anyone else does.

Another member of the class was a person with autism who objected to having their photo taken for the DAS, which is a requirement now to try and prevent a party getting one for a disabled party member and then using it to reserve access for persons in the party other than the one with the disability. Because the person wouldn't allow themselves to be photographed, it was alleged they didn't have equal access. I suppose that is the sort of individual lawsuit that could be brought.

I remember hearing about the fastpass line at Radiator Springs over at CA. The line was getting enormously long and they discovered that more than half of the persons in the fastpass line were there because they had a GAC, which probably well outpaced the number of GAC holders who actually required such access. I think that would be more of a reason than the few persons who hired the "disabled tour guide" to take them around the parks in order to achieve instant access to fastpass lines, although that aspect is the one that got the most press.

 

[PatMcDuck]

Glad to hear this. We used GAC and now use DAS for my adult son. Honestly, the GAC WAS like a FP all day long. I remember I stopped getting any actual FP some trips, there was no need.

The DAS works very well and is much more fair. Last trip, I used the DAS only 3X in a week, I mostly just use the 3 FP+, since we do not last in the parks for more than 4 hours. It is fair for us to wait like everyone else.

The tour guide thing with the DAS was more of an issue at DL, than WDW, I think. (They also have been working on the people that were holding spots for Fantasmic and World of Color, and selling them.) We go to WDW and DL each year, and the GAC abuse we saw at DL was much worse than WDW.

I am happy with the DAS system, they have closed some loopholes, like scanning all the tickets or Magic bands for each DAS ride. In DL we saw people with a small stack of GACs, getting multiple GAC admittances. One woman wore them around her NECK, she punched a hole in the corner and it was like a bulky GAC necklace.

 

[frisbeego]

Plus the defendant (Disney) was awarded court costs and legal fees! That alone should make the rest of the plaintiffs in similar suits think twice about continuing their lawsuits.

I might've missed it, but I didn't see where Disney was awarded legal fees. "Costs" were awarded, but costs typically don't include legal fees. It includes things like copying costs and deposition transcript costs, as opposed to lawyer's hourly rates. But, your point is well-taken. If another plaintiff with the same set of facts files a lawsuit in that court, that plaintiff is likely to lose and pay costs. If the court deems the other lawsuit frivolous (in light of this decision), it might choose to award legal fees.

 

[serenitynow]

I stand corrected the Summary Judgment order awarded costs, not fees. My bad

 

[tomatecerise]

DAS is perfect and it's the reason i return to Disney. When i got My return Time, i spend this Time to sit and relax with some snack

 

[DWillowBay]

I am very happy just to have the DAS for my son. We are grateful for the opportunity for my son, who is autistic, just to be able to experience the joy that he cannot achieve at any other place.

 

[DisneyOma]

With the actions the court has taken regarding individual lawsuits, it is possible that someone, somewhere, may someday bring a suit that can prove they have or are representing someone who has a disability wherein that person NEEDS quicker access to attractions in order to achieve equal access and having a "place holder" for the queue is not sufficient, but that's going to be for a court to determine on an individual basis sometime down the road.

I've never found an accommodation outlined in the ADA that addresses time as a factor for accessibility in such a way that a person with a disability would be given access more quickly because they 'needed' it. There are clauses that prevent unequal access, and can be interpreted to mean faster access. We all are on the same time, so to speak - One second is one second, no matter who you are.

 

[SueM in MN]

yeah, it's interesting the way it turned out, can't say I expected a different verdict. The ADA requires reasonable accommodations and equal access. Not better access or special privileges. Disney went with offering much better access for quite a while, but because it was better access, it was being used and abused by persons who were not disabled or whose disability didn't require that type of accommodation. Many GAC users were using it to get shorter waits, because shorter waits are desirable or just "easier," not because they needed shorter waits. That's not great for persons who feel they NEED shorter waits due to a disability, but they are being accommodated by being permitted to leave the queue and come back.

With the actions the court has taken regarding individual lawsuits, it is possible that someone, somewhere, may someday bring a suit that can prove they have or are representing someone who has a disability wherein that person NEEDS quicker access to attractions in order to achieve equal access and having a "place holder" for the queue is not sufficient, but that's going to be for a court to determine on an individual basis sometime down the road. But it isn't going to be done as a class action. Some of the members of this class were autistic persons who were alleged to have the need to stay on the same ride over and over and over. I'm not adjudicating the case, but that doesn't sound to me like it is about equal access. They might have been alleging that these persons' disability would be exacerbated if they weren't allowed to stay on their chosen ride as much as they wanted, but that isn't what ADA is about; it's a question of whether they have the same access to the attraction as anyone else does.

Another member of the class was a person with autism who objected to having their photo taken for the DAS, which is a requirement now to try and prevent a party getting one for a disabled party member and then using it to reserve access for persons in the party other than the one with the disability. Because the person wouldn't allow themselves to be photographed, it was alleged they didn't have equal access. I suppose that is the sort of individual lawsuit that could be brought.

I remember hearing about the fastpass line at Radiator Springs over at CA. The line was getting enormously long and they discovered that more than half of the persons in the fastpass line were there because they had a GAC, which probably well outpaced the number of GAC holders who actually required such access. I think that would be more of a reason than the few persons who hired the "disabled tour guide" to take them around the parks in order to achieve instant access to fastpass lines, although that aspect is the one that got the most press.

The 'picture issue' had been brought up as a thing some people were concerned about.
I have heard of very few people who actually had any problem with it - probably because the picture is taken with a iPad, it may not register as having their picture taken.

And, if the picture happens to be an issue, there are ways around it. One is to show picture ID when getting and actually using the DAS. Another is for a parent or other adult in the party to get their picture taken instead of the child. So, Disney did make additional accommodations for picture taking.

The first post in this thread has information about how DAS currently works at WDW (there is another thread for DL). The first post is kept up to date, but the other posts are mostly from before and right after DAS was introduced and are no longer pertinent.
http://www.disboards.com/threads/wd...15-digital-das-on-tickets-magicbands.3178976/