Orlando Sentinel - Disney autism disability lawsuit moves to Orlando federal court

[PhotoDave219]

Just an update on this lawsuit....

Here's hoping the comments stay mature and respectful. (I'll bet @wdwmagic one backscratcher they wont)

http://www.orlandosentinel.com/busi...disability-lawsuit-federal-20140929-post.html

A federal judge has transferred a California autism discrimination lawsuit against the Walt Disney Parks and Resorts to Orlando, after Disney argued for the transfer.

The suit alleges that Disney’s Disability Access Service, which began in 2013, discriminates against autistic children because it no longer allows them to skip lines. Disney started the DAS program after ending its previous program, the Guest Assistance Card, because the older program was abused by wealthy people who hired guests with disabilities to help them skip lines.

The DAS program is used at Disneyland in California and at Walt Disney World in Orlando, but Disney argued the case should be heard in Florida because people who developed the new program are based here.

“The DAS card program was designed primarily by Disney employees at Walt Disney World in Florida. Additionally, implementation, including employee training, of the DAS card program at Walt Disney World theme parks took place in Florida,” Alison Armor, director of park operations and lodging for Walt Disney Parks and Resorts, said in a declaration filed with the court.

Andy Dogali, an attorney representing the plaintiffs, said he may file a new lawsuit in California now that the first suit was moved to Orlando. “It changes the complexity a little bit. There will be two cases going on,” Dogali said.

The suit transferred to Orlando had more than 20 plaintiffs who are only identified by their initials. Attorneys for the plaintiffs said in August they were planning to add up to 70 more plaintiffs.

The Disability Access Service gives guests with disabilities a return time for attractions based on the attractions' current wait times. The system is used in addition to Disney's FastPass and FastPass Plus options.

The suit alleges that children with autism or other cognitive disabilities don’t have the patience required to wait for a certain ride, and they cite “meltdown behaviors” that sometimes force children and their parents to leave the parks.

Disney said in a statement earlier this year the company has “an unwavering commitment to providing an inclusive and accessible environment for all our guests.” It stated that Disney complies with “all ADA requirements” and believes the suit is “without merit.”

Plaintiffs allege the new system violates both the Americans with Disabilities Act and and the Unruh Civil Rights Act, a California law that outlaws discrimination for a host of issues, including disabilities and medical conditions.

Armor’s declaration outlines Orlando area employees and executives involved in the program including: Greg Hale, Disney's chief safety officer and VP of worldwide standards and auditing; Teri Rosenfeld, director of operations training and works at Walt Disney World; Scot Reynolds, director of Walt Disney World Parks guest relations services and program management; Steve Riggs, area manager of guest relations for Magic Kingdom; Chris Lutz, general manager of park operations at Animal Kingdom; Tim Sypko, director of parks and lodging; Josh D'Amaro, VP of park operations for Animal Kingdom; and Sarah Riles, director of industrial engineering; and Justin Michelena (whose stage name is Justin Patterson), employee in Walt Disney World’s Guest Experience Services Department.

 

[The Mom]

Just a reminder - keep the remarks civil, and think twice before posting. If a post is deleted due to being insulting, insensitive, argumentative, etc I will give out warnings.

 

[mkt]

Interesting. So if they're moving the case to Florida, can they still cite CA law? I would think not.

Granted, I gave up on law school, if I'm not mistaken, they can do so to try and make a persuasive argument in a jurisdiction where there isn't much case law dealing in the subject, or in the event of conflict between Federal and State laws.


I was seriously wondering how long it was doing to take for the ADA violation suits to trickle in. I called this a while back.

 

[Nmoody1]

I'm not very well read on the ADA guidelines, but my understanding of it was that, broadly speaking, people with disabilities should be entitled to the same rights as those who are not disabled - and should not be discriminated against in either a positive or negative way.

In my view, Disney has raised the bar in equality for all guests, whether disabled or not whilst still providing an accommodating service as is feasibly possible.

 

[mkt]

The problem with ADA, how it's written and enforced, it's basically a trust based system. If someone claims disability, you have to accept it or risk action in the event the claim is legitimate.

 

[sshindel]

The article states that Disney changed the GAC to DAS

because the older program was abused by wealthy people who hired guests with disabilities to help them skip lines

While this was the case that got the most press, I never thought it was the actual reason they changed it. I thought it was more widespread and rampant abuse of GAC in many different ways.

I guess that's just a nitpick, but one that seems to have a much different tone. It's one thing to say rich people are to blame, another to say that society itself is to blame.

 

[PhotoDave219]

I personally believe it's just a shakedown… And they're using ADAM as a means to do that..

I'm not sure you can find a judge fit would agree that by going to a theme park you you can get a doctors note to be back toward into every attraction....

 

[BrianV]

I'm curious if someone can answer this question for me: if someone with a disability (autism in this case) shows up at a restaurant that has a long line, are the entitled to be seated ahead of other guests? If yes, then this case has merit. If not, how is this any different? (I haven't really kept up with this so I'm unclear whether the simple act of waiting has been found to violate ADA in other areas.)

 

[SCB502]

I think this is more about the parents than the kids.

 

[Tom Morrow]

While this was the case that got the most press, I never thought it was the actual reason they changed it. I thought it was more widespread and rampant abuse of GAC in many different ways.

I guess that's just a nitpick, but one that seems to have a much different tone. It's one thing to say rich people are to blame, another to say that society itself is to blame.

It definitely wasn't actually a major reason, in fact the company released official statements explaining that widespread use and abuse was the actual reason:

http://disneyparks.disney.go.com/bl...r-walt-disney-world-resort-disneyland-resort/

 

[Soarin' Over Pgh]

I guess that's just a nitpick, but one that seems to have a much different tone. It's one thing to say rich people are to blame, another to say that society itself is to blame.

Bold and pinked, this is pretty much what I was thinking. It's popular to point a finger at the rich (since so many of us are, and have fallen, below that line ) and blame them but really it's a societal issue. Take a good look around at any store and see folks in store-owned motorized wheelchairs zipping around the store, only to get up at the end of their shopping trip and walk to the car.

We live in an instant gratification world and demand everything now now now. Yesterday. Why wait in line?

Lots of underlying issues here, it'll be interesting to watch this play it in court. I wonder what it will mean for all disney parks if ruled against them.

 

[sshindel]

It definitely wasn't actually a major reason, in fact the company released official statements explaining that widespread use and abuse was the actual reason:

http://disneyparks.disney.go.com/bl...r-walt-disney-world-resort-disneyland-resort/

Thank you. That is what I thought. Interesting choice of words then by the Sentinel.

 

[sshindel]

Bold and pinked, this is pretty much what I was thinking. It's popular to point a finger at the rich (since so many of us are, and have fallen, below that line ) and blame them but really it's a societal issue. Take a good look around at any store and see folks in store-owned motorized wheelchairs zipping around the store, only to get up at the end of their shopping trip and walk to the car.

We live in an instant gratification world and demand everything now now now. Yesterday. Why wait in line?

Lots of underlying issues here, it'll be interesting to watch this play it in court. I wonder what it will mean for all disney parks if ruled against them.

My main thoughts here were kind of narrowly focused on Disney, but I guess it's all about the public at large. People "gaming" the system to get treatment that is not due to them.
There are many valid reasons someone could decide to choose a scooter in a grocery store if they are able to walk. Maybe it's a distance thing that limits how much they can walk?
There are also many invalid reasons to do the same, and these are the kinds of things that caused Disney to change their program. People who in no way fit the spirit of the program itself were using it invalidly to bypass lines, thus impacting rule-abiding customers and impacting people who actually need the help due to real medical issues.

Saying that Disney, visited by untold millions of people annually, changed their rules because a relative handful of people paid to bypass the system seems like a very incorrect statement, when it was much larger number of general guests (including those wealthy) bypassing the system that truly caused the change.

 

[PhotoDave219]

Can any of our resident lawyers like @71jason try man on exactly what a change of venue like this would mean for the case?

Does it stand a better chance of getting dismissed by moving it to federal court based out of Orlando?

 

[arko]

Can any of our resident lawyers like @71jason try man on exactly what a change of venue like this would mean for the case?

Does it stand a better chance of getting dismissed by moving it to federal court based out of Orlando?

Since its a federal case. i am guessing Disney may have liked the list of judges better in Florida.

edit
reading the article, it looks like it would also require the lawyers to split up their case as they are also going after them under a California law which would not apply in Florida.

 

[PhotoDave219]

Since its a federal case. i am guessing Disney may have liked the list of judges better in Florida.

edit
reading the article, it looks like it would also require the lawyers to split up their case as they are also going after them under a California law which would not apply in Florida.

But this is federal court, not state. Right?

 

[GrumpyFan]

My main thoughts here were kind of narrowly focused on Disney, but I guess it's all about the public at large. People "gaming" the system to get treatment that is not due to them.
There are many valid reasons someone could decide to choose a scooter in a grocery store if they are able to walk. Maybe it's a distance thing that limits how much they can walk?
There are also many invalid reasons to do the same, and these are the kinds of things that caused Disney to change their program. People who in no way fit the spirit of the program itself were using it invalidly to bypass lines, thus impacting rule-abiding customers and impacting people who actually need the help due to real medical issues.

Saying that Disney, visited by untold millions of people annually, changed their rules because a relative handful of people paid to bypass the system seems like a very incorrect statement, when it was much larger number of general guests (including those wealthy) bypassing the system that truly caused the change.

I see your point, but I think you're just nitpicking it. Regardless of why they changed it, some guests feel like the new system hurts them and/or is unfair to their needs.
​

 

[Bairstow]

Interesting. So if they're moving the case to Florida, can they still cite CA law? I would think not.

They would indeed, at least on the issue of the claim that Disney violated California's Unruh Civil Rights Act. You might want to look up the Eerie Doctrine.

 

[rct247]

Is it sad that I kind of wish this got more television publicity time as the other big court cases in Orlando have over the past 5 years?

That said, I know it is a sensitive subject. I just truly this Disney will take the overall win with a few very minor modifications made to the DAS program.

 

[GrumpyFan]

I personally believe it's just a shakedown… And they're using ADAM as a means to do that..

I'm not sure you can find a judge fit would agree that by going to a theme park you you can get a doctors note to be back toward into every attraction....

A shakedown? As in seeking compensatory/monetary damages? If so, I have to disagree with you. Nowhere in the suit did they ask for money except to pay for attorney fees.

I would hope you're right about finding a judge though. I just don't see how any public facility where a line or wait might be required can adequately address the need (demand) for someone in this manner by allowing them to skip ahead. From what I've read and understand of ADA (which isn't much really), it's not a requirement by law either. The law simply states that facilities must provide "equal access" as they do to all of their other guests. Which, in the case of Disney should mean, everybody has to wait their turn. So, if you think about it, the old system was NOT ADA compliant, because it gave GAC holders unfair access in comparison to the regular guest. I'm not a lawyer, but based on the claims made in the suit, some of which I find on the border of being ridiculous, I would love to hear/read Disney's rebuttal to it.