Disney wins First DAS ADA Discrimination Lawsuit

[jcb]

The federal court of appeals in Atlanta has scheduled oral argument in the Florida case (see OP) for September 22, 2021. Oral argument is where the lawyers make a presentation to three federal court of appeals judges (picked at random from 21 judges on the court) and respond to questions from the court. Most federal courts of appeal pretty easy to talk into holding oral arguments.

 

[OKW Lover]

Thanks for the update Jack. Looks like this is going to drag on for quite a while.

 

[jcb]

Thanks for the update Jack. Looks like this is going to drag on for quite a while.

As a group, lawyers are some of the worst procrastinators. While courts are generally forgiving of this (see earlier posts) at some point it bites the attorney and his client. I read a decision today involving Disney where the court refused to reconsider its decision because the attorney failed to raise arguments the first time around.

Here, there was counsel caused delay (again, see earlier posts) and COVID-19 no doubt played some role in the time between filing the notice of appeal (July 2020) and the argument date (Sept. 2020). Court stats vary on the time it takes for an appeal with nine months being on the quick side, a year being typical, but longer periods are not unheard of.

The laws delays are not a new thing, of course.

 

[avagaston]

Hi Jack
could you poist the o

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals,,521 filed by plaintiffs. CCA # 21-55829 (twdb)

rder from the california case t.p et al T.P. et al v. Walt Disney Parks and Resorts US, Inc.

 

[jcb]

Since you said "order" I think you are asking for the attached. It is the final order from the district court in the case. It doesn't, however, explain the rulings. it just lists them to demonstrate that the case in the district court is over.

For example, this order mentions (on page 2) "Dkts. 224" which refers to a July 2017 order dismissing some of the plaintiffs' claims (referred to as the "Bellwether II" plaintiffs). That order is also attached. I don't have all of these decisions. I just haven't retrieved them from the court's computers. This one is pretty typical of the others, however.

 

[avagaston]

Oh I meant from the end MTueaday March 2022

 

[jcb]

Not sure what you are asking. The only order I see from March is an order refusing to set aside the $86k award to Disney for court costs.

 

[avagaston]

doc 533

 

[avagaston]

https://www.docketbird.com/court-ca...arks-and-Resorts-U-S-Inc/cacd-2:2015-cv-05346the latest doc

 

[bambialways4ever]

https://www.docketbird.com/court-ca...arks-and-Resorts-U-S-Inc/cacd-2:2015-cv-05346the latest doc

Since it seems you have the link, is there a reason you can't the document yourself?

 

[jcb]

Sorry but that doesn't really narrow it down because the docket entry reflects activity in the court of appeals that the court sent to the district court. I looked at the court of appeals docket and there are seven filings in early March. None substantive. One was an order permitting the plaintiffs to file an oversized brief. The other was an order permitting the plaintiffs to file parts of the record under seal (i.e., where the general public cannot access it). I have no idea what they want under seal but it is probably medical information relating to the plaintiffs' disabilities though it could be some of the data Disney relied on showing wait times etc.

 

[avagaston]

ohv i ssee
Thank you

 

[NightGuardianAngel]

I am so glad Disney won. The DAS system complies 100% of the ADA because it it provides guests with disabilities with equal and even with greater enjoyment of the park than non-disabled guests especially since the DAS will allow pre-booking of two ride return times way before the trip and one at a time return time after that is used equivalent to the standby line wait time (very similar to the old fastpass plus system and it is not a feature required by the ADA and does exceed the standard required by the ADA). Plus, instead of standing in line, DAS guests can book a return time and still shop, dine, use the restroom, meet characters, and enjoy the rest if the park while waiting. Non disabled guests must pay extra for the Genie plus to do the same. This lawsuit is definitely a waste of time especially since Disney has bend over backwards to make sure everyone is accommodated. And to add, I am on the Autism Spectrum (high functioning).

 

[avagaston]

I am so glad Disney won. The DAS system complies 100% of the ADA because it it provides guests with disabilities with equal and even with greater enjoyment of the park than non-disabled guests especially since the DAS will allow pre-booking of two ride return times way before the trip and one at a time return time after that is used equivalent to the standby line wait time (very similar to the old fastpass plus system and it is not a feature required by the ADA and does exceed the standard required by the ADA). Plus, instead of standing in line, DAS guests can book a return time and still shop, dine, use the restroom, meet characters, and enjoy the rest if the park while waiting. Non disabled guests must pay extra for the Genie plus to do the same. This lawsuit is definitely a waste of time especially since Disney has bend over backwards to make sure everyone is accommodated. And to add, I am on the Autism Spectrum (high functioning).

do you mean they won the appeal?

 

[jcb]

do you mean they won the appeal?

There are two appeals pending. One from WDW the other from DL. The appeals are pending in two different federal courts of appeal. The court of appeals in Atlanta heard argument last September. You can listen to that argument here: play (I think the link will work). There has been no court of appeals decision in this case.

Disney has not yet filed its brief in the DL appeal. That is due in April. Argument hasn't yet been scheduled.

 

[SueM in MN]

Also, I found some articles on sites I can’t link here, where the plaintiffs’ lawyer indicated he may need to totally refile the lawsuits because Fastpass no longer exists and he doesn’t know if Genie + will negatively impact his clients.

 

[Lilsia]

Also, I found some articles on sites I can’t link here, where the plaintiffs’ lawyer indicated he may need to totally refile the lawsuits because Fastpass no longer exists and he doesn’t know if Genie + will negatively impact his clients.

Wow, that is a stretch isn't it since it basically works the same way at FP did, but paid. But again, ADA calls for equal treatment, not better. So a person with a disability should still pay for the same services as everyone else if it is something that they can use. I think this lawyer is so invested in this by now without a getting a penny, that they are not going to stop even when they know they lost. Some of these lawyers need to think before they file these lawsuits and automatically see dollar signs.

 

[jcb]

https://media.ca11.uscourts.gov/opinions/pub/files/202012720.pdf

It took a bit longer than I expected but the court affirmed the judgment in Disney’s favor in the lead DAS lawsuit.

 

[avagaston]

https://media.ca11.uscourts.gov/opinions/pub/files/202012720.pdf

It took a bit longer than I expected but the court affirmed the judgment in Disney’s favor in the lead DAS lawsuit.

what are the optio s now?

 

[lanejudy]

what are the optio s now?

The options for what? Disney's DAS program remains unchanged by this ruling.