Disney’s Disability Access Service Lawsuit: Discrimination and Violated Rights
Introduction
Disney Parks and Resorts is facing a class-action lawsuit alleging that its Disability Access Service (DAS) discriminates against individuals with physical disabilities. The lawsuit claims that the new practices implemented by Disney violate the rights to equal access, privacy, and dignity.
Overview of DAS
DAS is a service offered by Disneyland and Walt Disney World that allows users to reduce their waiting time in regular attraction queues. Guests approved for DAS can virtually join a queue, spend the waiting time elsewhere in the park, and return for a shorter in-person wait.
Changes to DAS Eligibility
Last year, Disney overhauled DAS to clarify its intended audience and simplify the registration process. However, the changes also eliminated eligibility for some individuals who previously qualified. The new eligibility criteria specifically includes guests with developmental disabilities such as autism.
Allegations of Discrimination
The lawsuit alleges that the new DAS practices discriminate against individuals with physical disabilities. The plaintiff, Trisha Malone, claims that she was denied DAS based on her physical disability, despite her ability to provide evidence of her difficulty with extended waiting queues.
The lawsuit argues that Disney’s arbitrary eligibility criteria exclude a wide range of disabilities, violating the Americans with Disabilities Act (ADA) and the California Unruh Civil Rights Act.
Privacy Concerns
The lawsuit also claims that Disney’s registration process involves unnecessary public disclosures of sensitive medical information. Guests are interviewed about their need for DAS within earshot of other cast members and visitors, violating California laws on medical confidentiality.
Inadequate Alternative Accommodations
The lawsuit argues that the alternative queue-related options provided by Disney, such as Attraction Queue Re-entry and Rider Switch, are inadequate for guests with physical disabilities.
Additional Accommodations
Disney offers a range of other accommodations for guests with disabilities, including American Sign Language interpretation, handheld devices for sensory needs, and braille guidebooks. However, the lawsuit claims that these accommodations are insufficient to meet the needs of guests with physical disabilities who require queue modifications.
Disney’s Response
Disney has stated that the claims in the lawsuit are without merit and that the company is committed to providing a great experience for all guests, including those with disabilities. Disney emphasizes its collaboration with experts to ensure that each guest’s needs are met.
Grassroots Advocacy
A grassroots advocacy group, DAS Defenders, has launched a Change.org petition with over 33,000 signatures, calling on Disney to revert to its former DAS policies.
Legal Proceedings
The lawsuit filed by Trisha Malone is currently pending in the Superior Court of California, County of Orange. The outcome of the case could have significant implications for the accessibility of Disney theme parks for guests with physical disabilities.
