Disney Parks facing lawsuit over Disability Access Service

[hobie16]

Are you on the "Magic List?"

[GaTechGal]

That suit is just laughable. Do they really think "that Disney either deliberately designed the program to reduce the number of guests with autism or cognitive impairments who visit the parks, or saw that the number of these guests visiting dropped after the new policy was implemented and recognized this change as a "benefit" to the company."? And can you imagine the cluster-f type program that a COURT might come up with? What a joke. And really, a "Magic List"? Just what type of special favors do they imagine others are receiving and what evidence do they have?

[hobie16]

And really, a "Magic List"? Just what type of special favors do they imagine others are receiving and what evidence do they have?

Reminds me of an episode of Frasier where the brothers join a club and are given gold level. All is good until they find out there's a platinum level. They scheme their way into that and then discover there's a door with a blinding white light coming through it. They think it must be the diamond level, walk through the door that closes behind them and find they're in the alley with the dumpsters.

[darph nader]

I'm gonna get flamed for this,,,if you know someone in your party can't handle crowds and/or long lines,why would you go to Disneyland/Walt Disney World in the first place?
That would be like me goin to a rock concert and askin them to turn down the music cuz it's too loud.

[hobie16]

I'm gonna get flamed for this,,,if you know someone in your party can't handle crowds and/or long lines,why would you go to Disneyland/Walt Disney World in the first place?
That would be like me goin to a rock concert and askin them to turn down the music cuz it's too loud.

Can't see why you'd be flamed. People need to understand their limitations and not go too far beyond them.

I'm not sure if the ADA card was played in this case but it basically says everyone gets treated equally and not get extra goodies (Magic List?) because of limitations.

It appears that the only thing the plaintiffs have going for them is Disney dialed back on what they were previously provided access wise. But, Disney has also made access more equal across the board.

I'll bet that Disney fights this because if the plaintiffs win it'll open the flood gates.

[Big Wallaby]

The problem here is not the company, but the people who have gone to such great lengths to abuse a generous and useful system the company had put into place. At some point you have more abusers than proper users, and you get the rent-a-cripple* service that made the news last year here in Florida. Actually, I view the idea of someone renting out their services this way about the same way I do prostitution, except that it's a little less honest.

This reminds me of a hotel that was the defendant of a landmark case not too long ago. They would not allow a service dog because they didn't allow pets, and all dogs are obviously pets, right?

Needless to say, it did not go well for the hotel.


* Note that I would ONLY use the word "cripple" to describe someone who would use a disability in order to make money in a deceitful or fraudulent way.

[WEDFan]

I would think that the case has to be based in the ADA. I can't imagine what other grounds would even get the ball rolling. Of course, the big thing about ADA is accomodation. The law requires businesses to accomodate people with disabilities, but there are definitely limits around reasonable accomodations. Some of the things they seem to be asking for would require other guests to make sacrifices. One of the kids in the suit needs to do certain rides in a specific order or have a meltdown. Well, some of those attractions are undoubtedly popular and there are many other guests that have been waiting. I just don't see how they can really make a case that a system that would allow that is an accomodaiton.

[GaTechGal]

I'm pretty sure that ADA is about access not accommodation. It's getting you into the building and giving you access to all the amenities inside (like restrooms, drinking fountains, kitchen facilities). I'm pretty sure that it doesn't specify how quickly you get that access. That's why not EVERY entrance has to have a ramp. And your building can be compliant if there's an elevator in another building, but the 2 buildings connect. And not every restroom has to have accessible features - just one on every floor. So getting those with waiting-issues onto rides in a more timely manner should suffice. Because I can't/won't put you on RIGHT NOW just because you walked up doesn't mean I'm not accommodating you.

And do you think that this "magic list" might be the Make a Wish kids? That would be sad.

[WEDFan]

Actually, the ADA deals with fair and equitable treatment for people with disabilities across a number of areas of major life activities. It covers discrimination and employement equality in addition to access to facilities and services. The remedy for inequitable access is generally described in the regulations as a "reasonable accomodation." Examples are given in a broad sense on what reasonable means. For example, if a person's disability leaves them unable to perform required duties for a job, then it is not reasonable to require that they be considered equally with other candidates. An example of the reasonable test for access to facilities that I've dealt with involves historical sites. Even though they are public spaces, if the accomodations like ramps and elevators cannot be done without damaging a historic structure, or if they could only be done at an expense beyond what the organization can afford, they can be expemted from the changes.

That was what I did a bad job of trying to describe before. It looks like Disney has already made reasonable accomodation, but something that would harm others experiences would most likely be considered unreasonable. You are right, though, GaTechGal, timing is not an issue unless the delay experienced by a disabled person is significanly beyond what would be experienced by a person without the disability.

[hobie16]

One of the kids in the suit needs to do certain rides in a specific order or have a meltdown.

I wonder if one of them is the Dream Suite?