I am probably going to hit a nerve with a lot of folks but I feel a certain aspect of this conversation is missing namely the law or ADA Title III. As part of my job with the government I have to deal ADA and ABA. I also have a DD that is in a wheelchair, has had her Make-a-Wish trip and her doctors have stated they are surprised she has made it this long so I do have an understanding of what disability means.
During her Wish trip we were given a GAC and didnt realize anyone other than a Wish child could get one because of the special privileges it provided. In the last six visits to DL, DCA and WDW we only asked once for a GAC after reading about it on the DIS. We found that it provided little difference in the way we enjoyed the park. Lines are lines and you are at the most popular theme park chain in the world.
My personal opinion is that Disney was using the GAC as an easy way to make guests happy who may or may not have a real disability issue. Just sprinkle a little pixie dust on it and it will take care of it's self. When the GAC finally became overwhelmed by the number of requests and abuse they decided to fall in line and use the same accommodation system their competition was already using.
The GAC and now
DAS is an accommodation system that in a lot of cases is not required by law. To require Accommodation an individual must have a disability. An individual with a disability is a person who --Has a physical or mental impairment that substantially limits one or more
major life activities, or has a record of such impairment, or is regarded as having such impairment. The key point here is that it substantially limits one or more
major life activities. "
Major life activities" include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
Once those two criteria have been met then you must look at how the existing attraction in this case is preventing the individual Equal Access. If the standard access line is not wide enough to accommodate a wheelchair then an alternate method of access must be provided. Visual and hearing impairments must also be made equal as much as possible. If the proposed accommodation fundamentally changes the attraction, violates safety or exceeds equality then it is normally not provided. Not waiting in line is normally not meeting the test as a Major Life Activity.
While I know I have probably upset people let me also say I think what Disney was doing with the GAC was a very good public relations tool to help guests which challenges and disabilities enjoy the parks. I fully understand the desire of parents to want their children to enjoy their time at the parks because it may have been the only place where that could actually happen. As a disabled veteran I know what it is like to have times of difficulty getting around and a little help is really appreciated.
The DAS is a very new attempt to correct an issue that grew untenable. It will take time to get all CMs singing the same song. Some people will not get a DAS and feel they have been deprived a right or privilege. Most will be patient as the issue resolves itself. Regardless of how it all turns out Disney is a place where Dreams have come true and will continue to come true in the future.
As part of this post I have included significant parts of
ADA Title III
II. Overview of Requirements
Public accommodations must --
Provide goods and services in an integrated setting, unless separate or different measures are necessary to ensure equal opportunity.
Eliminate unnecessary eligibility standards or rules that deny individuals with disabilities an equal opportunity to enjoy the goods and services of a place of public accommodation.
Make reasonable modifications in policies, practices, and procedures that deny equal access to individuals with disabilities, unless a fundamental alteration would result in the nature of the goods and services provided.
Furnish auxiliary aids when necessary to ensure effective communication, unless an undue burden or fundamental alteration would result.
Remove architectural and structural communication barriers in existing facilities where readily achievable.
Provide readily achievable alternative measures when removal of barriers is not readily achievable.
Provide equivalent transportation services and purchase accessible vehicles in certain circumstances.
Maintain accessible features of facilities and equipment.
Design and construct new facilities and, when undertaking alterations, alter existing facilities in accordance with the Americans with Disabilities Act Accessibility Guidelines issued by the Architectural and Transportation Barriers Compliance Board and incorporated in the final Department of Justice title III regulation.
A public accommodation is not required to provide personal devices such as wheelchairs; individually prescribed devices (e.g., prescription eyeglasses or hearing aids); or services of a personal nature including assistance in eating, toileting, or dressing.
A public accommodation may not discriminate against an individual or entity because of the known disability of a person with whom the individual or entity is known to associate.
Commercial facilities are only subject to the requirement that new construction and alterations conform to the ADA Accessibility Guidelines. The other requirements applicable to public accommodations listed above do not apply to commercial facilities.
Private entities offering certain examinations or courses (i.e., those related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes) must offer them in an accessible place and manner or offer alternative accessible arrangements.
III. "Individuals with Disabilities"
The Americans with Disabilities Act provides comprehensive civil rights protections for "individuals with disabilities".
An individual with a disability is a person who --
Has a physical or mental impairment that substantially limits one or more major life activities, or
Has a record of such an impairment, or
Is regarded as having such an impairment.
Examples of physical or mental impairments include, but are not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech, and hearing impairments; cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism. Homosexuality and bisexuality are not physical or mental impairments under the ADA.
"Major life activities" include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.