Disneyland Being Sued for not Evacuating a Disabled Guest from IASW

[t_daniels]

Ummmmm.....no.....this is, well.....ya know.

These rediculous lawsuits need to stop. He did not take action until he spent a year FINDING A GROUP to "help him".

Would you take on Disney alone? I sure wouldn't...one person vs a giant corporation that has a good reputation? You wouldn't stand a chance.

 

[mrsksomeday]

I know as a person traveling with someone in a power wheelchair we have two options if it is a regular evacuation and not an emergency:

1) I am responsible to evacuate him by carrying him out

2) We wait for a fire department assist

I hope Disney doesn't settle this lawsuit. This guy has settled 41 other discrimination lawsuits. Disney does amazing things with accessibility. I agree with Justin Jett, I don't want Disney to back off of what they do because of these frivolous lawsuits.

This guy should have to pay Disney's lawyers for having to defend this ridiculous lawsuit.

 

[Justin Jett]

Would you take on Disney alone? I sure wouldn't...one person vs a giant corporation that has a good reputation? You wouldn't stand a chance.

Would I take on Disney?????

 

[wdwfreeksince88]

Would you take on Disney alone? I sure wouldn't...one person vs a giant corporation that has a good reputation? You wouldn't stand a chance.

You must not know who your asking that too.....

 

[t_daniels]

You must not know who your asking that too.....

Admittedly, no. What am I missing?


And I'm not saying this guy is in the right at all, going.against Disney. Just replying to the people saying it was weird he looked for a group .

Just stating that if it were me, I'd look for support from an advocacy group. I wouldn't go up against anyone, actually, without. I don't know enough legally, or where disability laws are concerned.

 

[Justin Jett]

You must not know who your asking that too.....

Wake the sleeping dog.

 

[Justin Jett]

Admittedly, no. What am I missing?


And I'm not saying this guy is in the right at all, going.against Disney. Just replying to the people saying it was weird he looked for a group .

Just stating that if it were me, I'd look for support from an advocacy group. I wouldn't go up against anyone, actually, without. I don't know enough legally, or where disability laws are concerned.

Ok......I will be fair since it was a random pick. You kinda picked the one person that you should not have asked "Would you take on Disney.....?"

I am very well-known on the DIS and the "DIS Unplugged" podcast for speaking out AGAINST advocacy groups and individual who file ridiculous ADA and disability lawsuits against Disney.

Fast forward to the 8:58 mark of the March 25, 2009 podcast to get a taste of what I am talking about:

http://ec.libsyn.com/p/6/5/5/655b14...1ce3dae902ea1d01cd8531d8c9541dbf&c_id=4575000

At least you did not mention the word "Segway."

http://www.disboards.com/showthread.php?t=2302728

http://www.disboards.com/showthread.php?t=2129173

http://www.disboards.com/showthread.php?t=2351296

http://www.disboards.com/showthread.php?t=2960760&page=3

http://www.disboards.com/showthread.php?t=2518415

Disability Advocacy Groups need to leave Disney alone!

 

[t_daniels]

Ohhhh.

Wow.

Sorry!

I tend to stick to my own corners of safety around the DiS.

But hey. When I screw up, I guess I go all out, at least.

Thanks for the links, I'll check them out.

 

[Justin Jett]

Ohhhh.

Wow.

Sorry!

I tend to stick to my own corners of safety around the DiS.

But hey. When I screw up, I guess I go all out, at least.

Thanks for the links, I'll check them out.

Not a problem at all. I apologize for my first response to you being snarky. I thought you were targeting me on purpose......which has happened in the past.

I'm really a nice guy.......until the "advocates" choose to question me. When that happens, the debate seems to last longer than the actual lawsuit.

You just poked the wrong dog, that's all.

 

[Justin Jett]

In the spirit of the movie "Wargames," I am returning to DEFCON 5.

 

[jcb]

In the spirit of the movie "Wargames," I am returning to DEFCON 5.

I promise I don't write these blog posts to start global thermonuclear war, well, not all of them. Come late March, I've been known to have delusions of grandeur.

 

[Justin Jett]

I promise I don't write these blog posts to start global thermonuclear war, well, not all of them. Come late March, I've been known to have delusions of grandeur.

Jack my man,

Whenever I am quiet, you know just how to bring me out of hiding.

 

[lilpooh108]

Looks like this man might have a case. He was stuck on IASW for 40 minutes and they were not able to evacuate him as he is in a wheelchair. I'd be interested to hear Disney's side, but they did not comment.

http://www.care2.com/causes/civil-r...aving-disabled-man-on-its-a-small-world-ride/

Did this article mention the fact that the man had settled dozens of other ADA claims?

In my opinion, the plaintiff's disability isn't the point here. The point is whether Disney was in violation of ADA rules. There are plenty of people who are disabled in California who use the ADA laws to file lawsuits for a living. They sue, they get attorneys' fees pursuant to a statute, the owner of the property remedies the ADA violation, and the plaintiff & his attorneys get money.

I think it was a huge mistake to take on Disney.

Based on the DIS update (I did not read the actual pleadings), trial is set in early 2013 and the parties are in the middle of a Motion for Summary Judgment. If Disney isn't backing down at this point, I doubt that they will. They'll probably wait until the MSJ pans out to see what happens. If I were Disney's attorneys, I would make it a point to litigate this thing so that other people don't follow suit. There's nothing to prevent the ride from going down, and they can't afford every Tom, Dick & Harry to sue every time the ride does.

My opinion has nothing to do with whether the plaintiff is disabled. If he in fact declined medical services after he disembarked (which he did), then I don't see how he's claiming any damages. Asking Disney to remedy the violation, perhaps, asking for attorneys' fees, undoubtedly. But damages, I don't think so.

 

[*NikkiBell*]

Ohhhh.

Wow.

Sorry!

I tend to stick to my own corners of safety around the DiS.

But hey. When I screw up, I guess I go all out, at least.

Thanks for the links, I'll check them out.

No need to apologize as you did nothing wrong. Most people have a subject that they're passionate about; some discuss it in threads such as these.

I am glad that you chose to come here to share your opinions. Please keep doing so!

Looking forward to seeing you here more often,

 

[t_daniels]

No need to apologize as you did nothing wrong. Most people have a subject that they're passionate about; some discuss it in threads such as these.

I am glad that you chose to come here to share your opinions. Please keep doing so!

Looking forward to seeing you here more often,

Thanks.

 

[Justin Jett]

No need to apologize as you did nothing wrong. Most people have a subject that they're passionate about; some discuss it in threads such as these.

Ya think??????

 

[BayouMickey]

Ok first, let's state the obvious...
1) it's a boat ride.
2) boat rides are "mostly" surrounded by water..
3) removal of person in wheelchair in a boat surrounded by water is a very hard thing to do.

before i go further let me state i am a handicapped person who sometimes must rely on mobility equipment. so i can be biased
as a disabled person I have come to the realization that I won't be able to do things most people do (i can eat pixie stix a diabetic can't.. see it all balances out), and when i get on any ride or attraction, I also realize it's on me and i'm responsible for my own health.. I know what i'm capable and not capable of doing. this guy decided to get in a boat ride with a wheelchair.. I did it too, but I had the common sense to think "ok, chances are if something goes arye, it's going to be a piff to get me off, i'll have to suck it up and wait"
people like this gentleman disgust me, they are using their disability in a tainted manner that makes others like myself look to feel entitled and needy.
I hope he doesn't get 1 red cent.

 

[Halloweenqueen]

Just an FYI... The Disneyland version of IASW is different than WDW. The boats float on a canal. The boats are surrounded by dry land most of the time, but at certain point you are elevated over the ground.

 

[Justin Jett]

Ok first, let's state the obvious...
1) it's a boat ride.
2) boat rides are "mostly" surrounded by water..
3) removal of person in wheelchair in a boat surrounded by water is a very hard thing to do.

before i go further let me state i am a handicapped person who sometimes must rely on mobility equipment. so i can be biased
as a disabled person I have come to the realization that I won't be able to do things most people do (i can eat pixie stix a diabetic can't.. see it all balances out), and when i get on any ride or attraction, I also realize it's on me and i'm responsible for my own health.. I know what i'm capable and not capable of doing. this guy decided to get in a boat ride with a wheelchair.. I did it too, but I had the common sense to think "ok, chances are if something goes arye, it's going to be a piff to get me off, i'll have to suck it up and wait"
people like this gentleman disgust me, they are using their disability in a tainted manner that makes others like myself look to feel entitled and needy.
I hope he doesn't get 1 red cent.

Well said!!!!! I 100% agree.

 

[BayouMickey]

Just an FYI... The Disneyland version of IASW is different than WDW. The boats float on a canal. The boats are surrounded by dry land most of the time, but at certain point you are elevated over the ground.

I did say "most" not "all" which is trivial anyway. It doesn't matter if the boat was tied between two docks and it was a step off for any normal person. you are still floating on a non solid base and the boat does jossle it's still a difficult feat to accomplish effectively on a regular basis and without drying out the whole ride and putting wheels with brakes, there will never be a fool proof safely way to make it fully accessable.