More families of autistic kids sue Disney parks

[PhotoDave219]

The latest on these lawsuits from The Sentinel.....

Presented without commentary:

Fourteen families of people with autism filed a lawsuit against Walt Disney World Parks and Resorts in California state court on Tuesday.

This brings to at least 58 the number of families who are suing Disney, alleging its new Disability Access Service violates laws protecting disabled people from discrimination, said attorney Andy Dogali, who is representing the plaintiffs.

The suit alleges that the Disability Access Service, which began in 2013, discriminates against autistic children because it no longer allows them to go to the front of lines. It gives them a return time instead.

While the first 44 families brought their actions under the Americans with Disabilities Act and other laws, the plaintiffs in this lawsuit have sued under California's Unruh Civil Rights Act. The families visited theme parks in both Orlando and Anaheim, Calif.

The original families filed their claims in federal court, where a judge ruled they had to file individual lawsuits. Dogali filed the latest suit in California state court.

Disney has previously said it has "an unwavering commitment to providing an inclusive and accessible environment for all our guests," that it complies with all ADA requirements and believes the suit is without merit. Last week, it said "we once again believe these claims are without merit."

 

[Rasvar]

I can't wait to see this one get the legal smackdown. There is no case here as accommodations are made the same for everyone.

 

[CaptainAmerica]

The suit alleges that the Disability Access Service, which began in 2013, discriminates against autistic children because it no longer allows them to go to the front of lines. It gives them a return time instead.

What do people think "discriminates" means? Treating someone differently is the very definition of discrimination, yet Disney is being sued for discrimination because they don't treat those with autism differently enough.

 

[PhotoDave219]

My guess is that they will get transferred to federal court and then moved to Orlando with the other 40 some cases…

Not sure why they filed in California state court after cases of been transferred before.

I still think we are a couple of years away from seeing this inside the court room.

 

[BernardandBianca]

Not sure why they filed in California state court after cases of been transferred before.

I think the article answered your question: "The original families filed their claims in federal court, where a judge ruled they had to file individual lawsuits. Dogali filed the latest suit in California state court." So they're trying to get the class action going by filing in state court.

 

[PhotoDave219]

I think the article answered your question: "The original families filed their claims in federal court, where a judge ruled they had to file individual lawsuits. Dogali filed the latest suit in California state court." So they're trying to get the class action going by filing in state court.

Well there you go. I don't think it'll work. Disney will make a motion to transfer it to federal court and then move it to Florida with the rest of them.... Such is my armchair legal analysis

 

[NelsonRD]

The article should read "58 Families that should now feel awkward, as they sue the organization they continue to enjoy."

 

[dumboflyer]

Discrimination allegations can sometimes be subject to different legal process than other types of cases. Here in my home state, for example, most claims of discrimination must first go through the state's civil rights commission. If you don't like the outcome you get from the administrative process, then you can go to state court. I'm guessing that these new families' allegations must have taken place at Disneyland, and thus a judge wanted them to go through some process in California first. Just a guess.

 

[dumboflyer]

**Obligatory reminder to keep the gloves up here. Posts on this topic have gotten ugly in the past, respect others' opinions and recognize the emotional nature of this topic, especially for those who have a family member or loved one afflicted by this terrible disease.**

 

[Launchpad McQuack]

This is really absurd. It's not like they are forcing these families to stand in the blistering sun for hours waiting for an attraction. They are saying "here, come back in 30 minutes, and we'll let you right on. In the meantime, feel free to have a snack, use the restroom, enjoy an air conditioned store, or even ride another attraction that has no line."

 

[arko]

Discrimination allegations can sometimes be subject to different legal process than other types of cases. Here in my home state, for example, most claims of discrimination must first go through the state's civil rights commission. If you don't like the outcome you get from the administrative process, then you can go to state court. I'm guessing that these new families' allegations must have taken place at Disneyland, and thus a judge wanted them to go through some process in California first. Just a guess.

No the suit specifically cites California law only. This was done on purpose to keep it out of Federal court. The first suit was filed in California in Federal court and Disney successfully lobbied to have it moved to Florida and to have the cases separated. The attorney in this case has already won a battle in Florida with the Florida Commission on Human Relations. This has no legal bearing on the federal case, but doesn't help Disney's cause.

 

[VulcanCafe]

This is a very heated topic, but wouldn't a simple answer be to simply limit the number of people that can skip to the front of the line along with the disabled person? I seem to remember the root cause of the change were people abusing the service and helping others skip the line (for profit). I believe the ADA covers the disabled person, not necessarily the whole party.

You can debate the merits of an individual disability all day long, but wouldn't limiting the number of people that can skip the line to some reasonable number like 4 (disabled person + caretakers/family) keep the profiteers away?

That keeps you out of the worst of the debate.

 

[andysol]

You can debate the merits of an individual disability all day long, but wouldn't limiting the number of people that can skip the line to some reasonable number like 4 (disabled person + caretakers/family) keep the profiteers away?

That keeps you out of the worst of the debate.

No- because you have families of 5+ or multi-generational trips as well. They shouldn't be restricted to 4. The entire party should get a return time window, and then show back up. The current DAS system- now tied in with FP+- is literally the most fair thing they could have possibly done.

 

[asianway]

Sue everyone!

 

[PhotoDave219]

No the suit specifically cites California law only. This was done on purpose to keep it out of Federal court. The first suit was filed in California in Federal court and Disney successfully lobbied to have it moved to Florida and to have the cases separated. The attorney in this case has already won a battle in Florida with the Florida Commission on Human Relations. This has no legal bearing on the federal case, but doesn't help Disney's cause.

You missed the point.

Disney will attempt to get the court changed and then the venue changed. They'll try anyhow.

You are aware that cases are regularly transferred between Federal and State courts, right?

 

[ToTBellHop]

No- because you have families of 5+ or multi-generational trips as well. They shouldn't be restricted to 4. The entire party should get a return time window, and then show back up. The current DAS system- now tied in with FP+- is literally the most fair thing they could have possibly done.

Agreed. This is why I don't understand the lawsuits. It seems extremely fair to me.

 

[bethymouse]

It's unfortunate that the reason why we can't enjoy a DAS because of people who have abused the system over the years! Any disabled child/person should be given some assistance as needed. But, it is just so sad that restrictions are put upon these folks. Now lawsuits..... don't get me started! What do they expect to get out of it?... a lifetime of Disney tickets to any Disney park they want at any time?

 

[GrumpyFan]

Saw this Friday, and decided not to post it, since these discussions get a bit crazy, but now that the cat's out of the bag...

Sounds like the attorneys are trying to pile on as many families as they can find and make this so noisy that Disney will do something, regardless of the court or the ultimate decision. Not a bad strategy, actually, if it works.

I can't say I completely agree with the suit, but I do see where there is room for Disney to improve the system in an effort to try and help these families.

 

[arko]

You missed the point.

Disney will attempt to get the court changed and then the venue changed. They'll try anyhow.

You are aware that cases are regularly transferred between Federal and State courts, right?

Oh I understand what Disney will try to do, I am simply pointing out why the attorney left out the ADA in the complaint. Most complaints of this nature cite both ADA and the Unruh Civil Rights Act in an effort to widen the net as much as possible. In this case the attorney left it out on purpose because he knew exactly what Disney would do.

 

[PhotoDave219]

Oh I understand what Disney will try to do, I am simply pointing out why the attorney left out the ADA in the complaint. Most complaints of this nature cite both ADA and the Unruh Civil Rights Act in an effort to widen the net as much as possible. In this case the attorney left it out on purpose because he knew exactly what Disney would do.

Oh i totally get that he's doing his best to get this certified as a class action, i just don't think he's going to be able to. Disney's going to say that it was already ruled on, etc., and make that gambit anyways.

I'd love to read the new complaint. (I have a copy of an old one somewhere from December's federal filings) tho Its going to be a long time before this sees a courtroom.

Side tangent/thought.... lets say the plaintiff's win. Lets say they get a FOTL pass. What happens when everyone claims they need a FOTL pass? Wont that just cause absolute chaos and a line for the FOTL?