brentm77
DIS Veteran
- Joined
- Jan 17, 2013
- Messages
- 1,997
I'm absolutely not blaming the victims and meant no offense. I would love if manufacturers made planes accessible, but the distinction I was making was a legal one. Discussing factual situations that are distinct under the law, assigns no blame. But I am sorry for not being more clear. I am trying to advocate for disabilities here, not bring anyone down.If they (cars/airplanes) had been properly designed in the first place, it wouldn't be an issue. You are blaming the victim for the poor design choices of others. You asked for examples of companies saying you couldn't use your preferred tool. I did exactly what you asked. Don't move the goal posts.
Since it would be extremely expensive to provide the accommodations in your examples, they are legally different than giving someone a DAS pass when Disney has shown it is very possible to do by doing it for others. But, yes, it does become an undue hardship when the net of who gets one gets too big, which is Disney's reason for not giving them for mobility issues.
To put your argument succinctly, you are saying that if they open DAS for someone with a prosthesis, they must open it for everyone with mobility problems. This is the best argument against my point. However, I think there is a distinction here. In those situation, the person is likely using the mobility device already that allows them to wait in line. In my daughter's situation, she would literally be required to use a secondary mobility device in addition to the one she is comfortable with and that gives her the most access to the parks. It could even be a third mobility device Disney is requiring when she is using her prosthesis and arm crutches, which is common. While probably not legally required, I personally think it is bad taste to tell someone who is using a perfectly good mobility device to bring and extra one for the sole purpose of waiting in line.And why not then issue DAS to the 75 year old wiho's waiting for hip replacement but her hip is hurting now? And the 22 year old with arthroscopic knee repair last week? Those are all stamina/endurance issues. Disney does not want to be in the position of determining diagnosis or evaluating needs based on diagnoses. How would you expect them to respond to a diagnosis of fibrodysplasia ossificans progressiva?
For those who don't have any mobility device and say they could handle walking the parks, but not stand in line, I still think the distinction is they would be required to use one mobility device, not two or three, like my daughter. Or instead she would need to take an entire vacation using Disney's preferred mobility device if she doesn't want to take two or three devices to the park. That's a big impact on her compared to others.
It may seem like I am splitting hairs, but the ADA requires it. It requires that each disability is individually assessed for accommodation purposes. I also think its the right thing for Disney to do.
You can't discriminate based on diagnosis in a public accommodation.
Actually, they are required by law to look at each disability individual, and allowed to provide different accommodations for different disabilities, which is exactly what Disney is doing by allowing DAS for disabilities X, Y, and Z, but not for mobility issues. That's not discrimination under the law. But I am arguing that the disability provided for someone who can walk normally with a prosthesis, but can't wear it for extended periods, is insufficient. Like I said, its fine if others disagree, but it won't stop me from advocating for my daughter.
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