Skyliner stroller red tag capacity limited ADA discrimination

[Joanna71985]

A red tag is relevant to transportation outside the parks. That is Disney policy.

No it isn't. The red tag is only meant for attractions in the parks

 

[Isthisnormalatdisney]

Okay, go ahead and file the lawsuit, and we will see who survives MTD and who doesn't. I'm sure you're just here looking for a plaintiff anyway, maybe your DMs are blowing up.

How do you even think this issue was spotted? If you were an attorney you should know there are many steps taken before filing a lawsuit.

 

[theMoreDisneytheBetter]

@Isthisnormalatdisney - as you seem to have a different understanding than the rest of the posters here about when and under what circumstances the red tag (stroller as wheelchair) can be used, perhaps you might be able to cite your sources? That might help to clear up some of the confusion.

 

[Isthisnormalatdisney]

Attacking people is not going to help you in your pursuits.

If you think I said something that was incorrect, please point me to the specific regulation or law that says safety concerns are not an issue. Please also provide a citation regarding access to watercraft, as well as the accessibility standards for such vessels.

I’m not attacking anyone. It’s just difficult having a discussion with people whose reaction is “Disney can’t be wrong ever.” Here is the citation you asked for https://www.law.cornell.edu/uscode/text/42/12182

 

[Isthisnormalatdisney]

@Isthisnormalatdisney - as you seem to have a different understanding than the rest of the posters here about when and under what circumstances the red tag (stroller as wheelchair) can be used, perhaps you might be able to cite your sources? That might help to clear up some of the confusion.

https://www.law.cornell.edu/uscode/text/42/12182

“(ii)Participation in unequal benefit
It shall be discriminatory to afford an individual or class of individuals, on the basis of adisability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals.”

We beleive that when it comes to electric and motorized mobility devices then Disney does have the ability to limit the capacity due to weight issues.

 

[Isthisnormalatdisney]

Seems like if you really want genuine input....maybe stop the attitude. The people on this board are some of the most in tune to WDW disability issues around. I know that you know more than everyone on this board combined....but maybe slow your roll.

Does the lawyer you work for really care about fixing an issue that really isn't an issue? Or does he/she just want a payday? Because either way I think from a business perspective he should have you drive behind ambulances and chase them instead of being rude to people here.

The lawyer isn’t doing this for a payday, but due to an issue that occurred on their trip. The more people that are aware of this issue the higher likelihood Disney changes their policy.

 

[Isthisnormalatdisney]

Okay, that is fine but we don't always get what we want. Just because we don't always get what we want, does not make it illegal?

No, I am not a lawyer, but I am disabled. I am in massive pain all day, but it is my choice to go to WDW. I do get on the plane early in boarding and I appreciate that. I only got a DAS pass once as we really don't do lots of rides. I have to wait in line with everyone else for food, the bathroom etc. Abled bodied people like DH are also in pain with two worn out knees and a bad back. We keep good humor and leave if we are too worn out.

Respectfully, if you have to come on disboards to solicit for your lawsuit, wow.

I’m sorry you suffer from pain all day. I’m not soliciting a lawsuit. Disney is a public accommodation and thankfully in America there are laws that protect people with disabilities.

 

[ironz]

Sounds like OP claims to work for one of those lawyers who go out searching for any tiny ADA violations to make a stink, whether they are real problems or not. We had one of those in our town who got somebody to sue hundreds of businesses, that they didn't even actually want to visit. I believe at least one small business was destroyed by the cost of frivolous litigation.

Maybe this attitude is why they were called names exiting the bus on a different day.
Sounds trollish to me.

And, seriously, if you are going to b@#$$ about a large party being split on the skyliner, what do you do when only 6 people fit on a Space Mountain rocket? Fuss about that, too?

 

[Isthisnormalatdisney]

When did this change? When the Skyliner was first launched in 2019 (?) it was 6 plus a stroller even from the non-accessible boarding. I wouldn't be surprised if it isn't consistently enforced, though, but that doesn't mean it isn't the policy.


No, it does not. Monorail allows all strollers to be rolled on. Strollers must be folded for buses; stroller-as-wheelchair cannot be tied down. Bus safety standards require a tie-down kit, which cannot be used with just any old baby stroller. Only certain types of strollers can be safely tied down on a bus, regardless of what the general WDW public thinks.


Can you share that? We've had transportation CMs post on this forum on occasion, and I don't recall even one stating the S-A-W is used for transportation. It's a topic that comes up on this forum every few months.


Not necessarily. Some special needs strollers may be bigger/different. I believe it can be possible to get a wagon tagged for SAW, though much more difficult than getting a stroller tagged. The tag is the same regardless of the mobility equipment.


I'm sure you are not suggesting that families with an infant are getting SAW for "mobility" purposes? That's rather laughable. Families with a disabled infant may get a SAW but it has to be for more than "my baby can't walk the queue so he needs to stay in the stroller."


It's not an "accessible cabin" as all the gondola cars are the same. If someone is capable of walking onto the car it is assumed they can walk off for evacuation. Thus 10 guests are allowed into the car. I never stated a different capacity unless there is a mobility device. A "stroller as wheelchair" is a mobility device.



So... you are saying it is legal to differentiate between different mobility devices? Or it's not legal to differentiate?

It’s not constantly enforced, that’s the issue. It’s only enforced maybe one 1 of 10-20 times. This those few times it is enforced can be quite difficult especially if someone went a few days without it being enforced.

With a red tag they will put out the ramp to be used on the monorail. The cheap all plastic strollers cannot be tied down but a good quality stroller that contains metal at the important parts is able to be tied down on the bus.

I will ask if that is possible to share.

a wagon can only be used on Walt Disney world property if it has a red tag, that is the important distinction here. The stroller in this situation is one that is relatively common place and used by both people with red tags or not. Thus the stroller in this situation can be in a cabin with ten capacity but if it has a red tag that same stroller is at 6 capacity. If the stroller is a true special need stroller then it would not need the tag, again in this situation we are just focusing on strollers with the tag that are the same as others.

Infants who are prone to seizures due to overheating would qualify for the tag because they can’t be held for long periods such as in lines because of the body heat transfer. Again not everyone goes to Disney when it’s 100 degrees out. There are also other reasons for an infant to qualify or any young child in a stroller to qualify.

Again, people use wheelchairs for reasons that are not always mobility related.

The law states that manually power wheelchairs and electronic/motor power wheelchairs can be classified differently. This makes sense a wheelchair that weights hundreds of pounds and can travel at double digit speeds an hour is different than a manually powered one

 

[Isthisnormalatdisney]

It is a physical space issue. The reason for using a mobility device doesn't matter. It's the presence of the mobility device which impacts evacuation procedures.

Again in this situation described it’s the same stroller, hence the discrimination with the cabin capacity numbers.

 

[Isthisnormalatdisney]

If separating my group due to having a SAW would help in the concern of an evacuation, I would surely do it. This sounds frivolous to me.

The issue is that it won’t actually help by splitting up a family

 

[Isthisnormalatdisney]

No it isn't. The red tag is only meant for attractions in the parks

The red tag is used throughout Walt Disney world. You can get the red tag at Disney Springs also

 

[Isthisnormalatdisney]

Sounds like OP claims to work for one of those lawyers who go out searching for any tiny ADA violations to make a stink, whether they are real problems or not. We had one of those in our town who got somebody to sue hundreds of businesses, that they didn't even actually want to visit. I believe at least one small business was destroyed by the cost of frivolous litigation.

Maybe this attitude is why they were called names exiting the bus on a different day.
Sounds trollish to me.

And, seriously, if you are going to b@#$$ about a large party being split on the skyliner, what do you do when only 6 people fit on a Space Mountain rocket? Fuss about that, too?

You think discovering this issue would be as simple as a Google search?

is the capacity of space mountain different based on whether someone has a disability or not? If it is please let me know because then yes that would be an issue, but it isn’t so the ADA isn’t applicable to that situation.

 

[Minnie1222]

I propose we stop replying to this person altogether. He's bouncing ideas and may learn something useful from us.

 

[MinnieMSue]

I propose we stop replying to this person altogether. He's bouncing ideas and may learn something useful

Agree. I just realized who this person is from a prior post and no good will come of this conversation.

 

[FreeTime]

The issue is that it won’t actually help by splitting up a family

 

[NaptownMom]

How do you even think this issue was spotted? If you were an attorney you should know there are many steps taken before filing a lawsuit.

Yeah, like you in here trying to sidestep ethics rules against solicitation to find a plaintiff for your half-baked theory

 

[NaptownMom]

You think discovering this issue would be as simple as a Google search?

is the capacity of space mountain different based on whether someone has a disability or not? If it is please let me know because then yes that would be an issue, but it isn’t so the ADA isn’t applicable to that situation.

It’s actually expressly permissible to limit the capacity of wheelchair users on rides. Two wheelchair users in one family do not need to be accommodated to use the same car. Which I think basically kills your theory that being split into 2 groups is the kind of inconvenience you can prevail on but I’m sure you’ll tell me I’m only admitted on Mars or something.

 

[Minnie1222]

It’s actually expressly permissible to limit the capacity of wheelchair users on rides. Two wheelchair users in one family do not need to be accommodated to use the same car. Which I think basically kills your theory that being split into 2 groups is the kind of inconvenience you can prevail on but I’m sure you’ll tell me I’m only admitted on Mars or something.

Please don't give him any more free lessons.

 

[Isthisnormalatdisney]

It’s actually expressly permissible to limit the capacity of wheelchair users on rides. Two wheelchair users in one family do not need to be accommodated to use the same car. Which I think basically kills your theory that being split into 2 groups is the kind of inconvenience you can prevail on but I’m sure you’ll tell me I’m only admitted on Mars or something.

Are the two wheelchair users transferring from their wheelchairs or remaining in them?