Wow, I never thought that my question would bring up such passionate replies.
anonymousegirl - What I am asking for does exist, its the
DAS service. I just want the same access as other disabled people.
Hannathy - I want the same accessibility as any other parent in taking my daughter on a ride. The requirement that I must ride limits my accessibility to access that ride with my daughter.
You've already stated you won't be riding most things... so that's not what you're looking for. YOU are disabled, not your daughter. Therefore YOU need to be accommodated for access to the ride. You aren't riding. That's the bottom line. You're looking for an accommodation that allows your daughter to ride without waiting because she's young and you have a mobility issue. And again, MOBILITY issues are solved as per ADA guidelines with MOBILITY aids. Just like HEARING aids are issued for issue with HEARING.
Perhaps I am not being clear on my question. The fundamental issue is that by excluding mobility impairment from using the DAS service Disney is discriminating against one class of people. In my opinion there should be equal access for all disabled equally. When you get a handicapped parking permit you don't get to use some spots for wheelchairs and others for canes. The accommodation is equal for all disabled who qualify. The current policy is arbitrary and the fact that eligibility is determined by the CM at the park is highly suspect.
Well, that's just that... your opinion. The nice thing about the law is that it doesn't care about opinions. The law only requires that you are given ACCESS to the ride, which you are. You have the ability to use FP+ and stand for short periods of time, or use a mobility aid to help with your MOBILITY problem. Your issue is not the line, but the physical aspect of standing in one. The ADA does not require that you be given the accommodation you desire, simply that a reasonable accommodation is provided. And it is. People are given handicap parking placards for mobility issues... I can't get one if I'm deaf because the disability has nothing to do with needing closer access to a destination.
The ADA law on this seems pretty clear to me:
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.
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.
In my reading the ADA does not separate the disabled into different classes. Disabled is a single thing that covers physical and mental impairment. So a child on the autism spectrum is no different than I with my physical impairments.
Incorrect If you feel that the ADA places different distinctions and classifications on the disabled based on the nature of their impairment then we will have to agree to disagree.
We do. And so does Disney... and the ADA in fact.
My major issue is that the policy allows the CM to determine who is disabled enough to qualify for the DAS. In my opinion by definition having a policy that someone who may have no medical training decides who is disabled enough for the service is placing a set of standards that will be capricious at best. I think that basing your policy on what opinion of a CM of my disabbility when I get to the gate falls under the area of "unnecessary eligibility standards" because there is no standard. And by summarily denying the mobility impaired access to the DAS Disney is not providing equal opportunity.
Again, incorrect. The CM won't be asking if you lost a leg, if you have COPD, diabetes, CP, down syndrome, autism, etc. What they will be asking for are your NEEDS. Your needs are that you a) can't stand/sit for too long and b) can't get onto most rides but want your daughter to ride and not wait too long by herself. Your first need is met with a mobility device and handicap accessible lines. Your second is not a disability. Your daughter is not disabled, and therefore, does not qualify for a DAS. Wanting to give inconvenience her less is not a disability, nor a qualifying issue for a DAS. I suggest you plan accordingly. Your opinion as to what is 'right' and what the ADA calls for is inaccurate, and as a disabled community member, I would suggest educating yourself on what is required in the area of mobility needs in particular. You can contact ADA.gov with any questions I'm sure