Families of autistic kids sue Disney parks over policy on lines

MichWolv

Born Modest. Wore Off.
Premium Member
I’m not sure if you read my post on the previous page, but as someone with extensive life experience dealing with waiting and autism, not all lines are created equal and being able to wait 5 minutes for a tram in no way has any bearing on an individual with autism being able to wait in a hot, loud, and lengthy line for a ride in a theme park. The rationalization that one wait prepares a person for the other is taken from a typical brain’s point of view. I understand that it is difficult for those who do not have autism or have extensive experience with it to put themselves into the shoes of someone else with a view of the world that is completely foreign to the average person, but it is what is needed for this discussion.

A typical brain will never fully comprehend the feelings and needs of someone with autism. The best we can do is listen to them and try to act on what information they can provide us. And that information, is unfortunately full of inconsistencies that can appear nonsensical to a typical person. One person may very well be able to wait in a TSA security line, but not the line for Peter Pan because of a variety of factors. And the next person may be able to wait for Pan, but not TSA. There is no standard that can be applied to this unfortunately. No blanket statement that says if A=B and B=C, then A must = C.
You have said very elegantly what I have wanted to say since this thread started. My son is hyperlexic (some characteristics similar to autism, some very different). We have never used GAC or DAS because we don't believe that any of his issues really are made worse by standing in line, so we considered it to be an abuse for us to use the system. That said, the things that bother my son (or did when he was younger) never ever made sense to anybody who didn't know him well. Indeed, I'm the only one who has ever been able to predict at all that something innocuous might trigger a melt-down. Anybody who asserts that there is no way a particular autistic child could possibly need accommodation X (whatever it is) is out of their depth.

You've said it perfectly.
 

CJR

Well-Known Member
I’m not sure if you read my post on the previous page, but as someone with extensive life experience dealing with waiting and autism, not all lines are created equal and being able to wait 5 minutes for a tram in no way has any bearing on an individual with autism being able to wait in a hot, loud, and lengthy line for a ride in a theme park. The rationalization that one wait prepares a person for the other is taken from a typical brain’s point of view. I understand that it is difficult for those who do not have autism or have extensive experience with it to put themselves into the shoes of someone else with a view of the world that is completely foreign to the average person, but it is what is needed for this discussion.

A typical brain will never fully comprehend the feelings and needs of someone with autism. The best we can do is listen to them and try to act on what information they can provide us. And that information, is unfortunately full of inconsistencies that can appear nonsensical to a typical person. One person may very well be able to wait in a TSA security line, but not the line for Peter Pan because of a variety of factors. And the next person may be able to wait for Pan, but not TSA. There is no standard that can be applied to this unfortunately. No blanket statement that says if A=B and B=C, then A must = C.

Some people are using the system now. I am one of them and I am fine with it as is. I had absolutely no issues and find it to be fine for what my son needs. But the fact that it works for my son isn’t proof that it should work for all. Its only proof that it works for him at this time. Autism unfortunately isn’t a disease with easily definable symptoms that can be accommodated in broad strokes. Each individual is unique as are their requirements, so a one size fits all approach will never work for everyone.

Just so you know, I wasn't talking about the physical line, but waiting in general. If someone can wait 10 minutes for a tram, they can wait until it's their turn to ride on an attraction. I absolutely believe that. They can go shopping or other attraction, that is a walk on, until it's their turn. If Disney can make this work on a smart phone, like MM+, then a lot of people arguments would disappear.

The system will not work for everyone, but it will work for almost everyone. The people that you are referring to, who cannot work with this, but have the ability to make it past the main entrance, are very small exception. Does that mean they don’t matter? Nope. Disney does, in fact, work with those people, or so Disney claims.

I will continue to side with Disney in this matter. Disney does work hard to please its guests and gives them what they believe is reasonable accommodation. Are there grounds for someone to claim the system doesn’t work for them, in order to get on all the rides much faster and frequently? Absolutely. It’s Disney’s responsibility to make a judgment call with its guests and for the select few that cannot work with this system, Disney does provide further accommodation, again, so they claim. I can only take their word for it and if they are making such a claim, one would have to think they can prove it. I can only trust that Disney is working with these people like they claim to.
 

arko

Well-Known Member
Just so you know, I wasn't talking about the physical line, but waiting in general. If someone can wait 10 minutes for a tram, they can wait until it's their turn to ride on an attraction. I absolutely believe that. They can go shopping or other attraction, that is a walk on, until it's their turn. If Disney can make this work on a smart phone, like MM+, then a lot of people arguments would disappear.

The system will not work for everyone, but it will work for almost everyone. The people that you are referring to, who cannot work with this, but have the ability to make it past the main entrance, are very small exception. Does that mean they don’t matter? Nope. Disney does, in fact, work with those people, or so Disney claims.

I will continue to side with Disney in this matter. Disney does work hard to please its guests and gives them what they believe is reasonable accommodation. Are there grounds for someone to claim the system doesn’t work for them, in order to get on all the rides much faster and frequently? Absolutely. It’s Disney’s responsibility to make a judgment call with its guests and for the select few that cannot work with this system, Disney does provide further accommodation, again, so they claim. I can only take their word for it and if they are making such a claim, one would have to think they can prove it. I can only trust that Disney is working with these people like they claim to.

If the wait time for the ride was 10 minutes this would be true for the most part, but we all know that rides with 10 minute wait times are few and far between. The argument that you can just do something else does work for many , but not for all.

The argument that can easily be made is that the system was made to be less, but not because of the disabled but because of the abled guests who took advantage of something they had no right to. Disney took the lazy way out
 

MichWolv

Born Modest. Wore Off.
Premium Member
If the wait time for the ride was 10 minutes this would be true for the most part, but we all know that rides with 10 minute wait times are few and far between. The argument that you can just do something else does work for many , but not for all.

The argument that can easily be made is that the system was made to be less, but not because of the disabled but because of the abled guests who took advantage of something they had no right to. Disney took the lazy way out
And this is the only thing about Disney's actions so far that truly bothers me. The system was changed because people lied about their need for accommodations. Nobody thought GAC was too generous to those who actually have disabilities -- rather, the problem was that others took advantage of the generosity. It seems that curbing the abuse should have been possible in some other way. In substance, Disney decided to address the abuse purposely reducing its benefits, thereby giving people less desire to abuse it. While that'll probably work, it also means that the system has less benefit for those it is designed to help. And that's too bad.
 

CJR

Well-Known Member
The main difference in all those examples is that those lines generally have a short wait time of at most 10 minutes even on a busy day, and the line wait area's are generally a bit open with space to move around (within reason of course). Compare that to average standby wait times at a ride like Soarin or TSMM which regularly have 90+ minute wait times. Also most ride queues have very rigid and confining queue areas that have zero egress, unlike all the examples you gave where a person could simply walk away at any time.

Lets also dispel another myth, that for familiies with a disability it was simply unlimited fastpasses on all rides. while in theory this was true, in most cases the only people who could actually take advantage of this were fully abled people gaming the system. In most cases families with a family member with a disability were more likely to actually see less of the park even with a GAC ,depending on the severity of the disability. When my son was younger 4 hours was about the max time he could last without starting to have issues. The GAC allowed us to go on the 3 maybe 4 rides that he cared about without worrying about being stuck in a line and have to worry about a schedule. With the DAS I would say our time in the park has easily doubled, which luckily is not as much of an issue now that he is older. It also involves me running one way to get a time while my wife and kids head the other way, and involves bouncing around the park a lot more.

That lost flexibility is what a lot of these parents are upset about, and yes its going to mean some kids who used to be able to go to Disney might not anymore. Disney knew this when they made the change and took the easy route that in reality solved very little. In my 2 visits using the DAS I have seen it being abused just as much as the old system. Because in the age of FP+ and 3 max FP's, its basically unlimited fastpasses with only a limitation of one active FP at a time. Yes not as good as the old GAC but still better than FP+.

Disney needed to make it a 2 tier system, DAS requiring no proof and additional services on showing proof of disability. Disney can legally ask for this if the accommodation goes beyond basic ADA requirements. I actually confirmed this by contacting the Justice Department ADA hotline during the last big debate.

As far as suing Disney the suit will most likely fail, but it may push Disney to make some of the more reasonable changes, like not requiring someone to go to the ride to get a time, or an eventual integration into the Disney FP+ system, which already tracks wait times.

The GAC is gone and it will never return in its old form, but there is nothing that says Disney can't tweak the DAS system to be a bit more flexible down the line

I absolutely believe that this will encourage Disney to further evaluate and modify their process. I still stand by my comments though, in that the vast majority can work with the current system that they have. It’s definitely not easy (I don't like it, personally), but it does provide what I believe to be reasonable accommodation. There are a very small amount of people that can make it past the main entrance, but not be able to use this process, Disney has said themselves that they do provide further accommodation to families that cannot work with this.

I did say that I believe that the system can be improved. I do believe that Disney knows what they are doing and trust them when they say they do work with families that need further accommodation. For almost everyone, if they can eliminate the running around so that you can just look at your phone and “get in line” or preplan your attractions like Fastpass + does, a lot of people’s problems will be solved. This won’t solve everyone’s problems with the system, but it will make it better, in my opinion.
 

Gomer

Well-Known Member
Just so you know, I wasn't talking about the physical line, but waiting in general. If someone can wait 10 minutes for a tram, they can wait until it's their turn to ride on an attraction. I absolutely believe that. They can go shopping or other attraction, that is a walk on, until it's their turn. If Disney can make this work on a smart phone, like MM+, then a lot of people arguments would disappear.

The system will not work for everyone, but it will work for almost everyone. The people that you are referring to, who cannot work with this, but have the ability to make it past the main entrance, are very small exception. Does that mean they don’t matter? Nope. Disney does, in fact, work with those people, or so Disney claims.

I will continue to side with Disney in this matter. Disney does work hard to please its guests and gives them what they believe is reasonable accommodation. Are there grounds for someone to claim the system doesn’t work for them, in order to get on all the rides much faster and frequently? Absolutely. It’s Disney’s responsibility to make a judgment call with its guests and for the select few that cannot work with this system, Disney does provide further accommodation, again, so they claim. I can only take their word for it and if they are making such a claim, one would have to think they can prove it. I can only trust that Disney is working with these people like they claim to.
Again, I'm not taking issue with your main point. I mostly side with Disney in this as well and do believe they are trying.

My issue is with statements such as:
If someone can wait 10 minutes for a tram, they can wait until it's their turn to ride on an attraction. I absolutely believe that.
and...
The people that you are referring to, who cannot work with this, but have the ability to make it past the main entrance, are very small exception.

It seems like you are applying a typical perspective to an "autistic" problem. Like I said the waiting issue isn't as clear cut as it would be to someone who experiences that wait in the way you or I would. If I can wait to get into the park, I agree that it can be extrapolated that I can therefore wait for the line/return window. But the mental rationalization it requires to take those two separate experiences and apply the same practices and coping mechanisms doesn't necessarily work with people with Autism. And that unpredictability is not the exception, it is the norm. And if something is consistently inconsistent in that way, it is impossible to apply blanket assumptions as you do about how many guests it will affect.
 

CJR

Well-Known Member
If the wait time for the ride was 10 minutes this would be true for the most part, but we all know that rides with 10 minute wait times are few and far between. The argument that you can just do something else does work for many , but not for all.

The argument that can easily be made is that the system was made to be less, but not because of the disabled but because of the abled guests who took advantage of something they had no right to. Disney took the lazy way out

I do think Disney was lazy with the system that they are using now and could have done it a lot better. In my opinion, the system was lazy before too. Disney basically would give you a card that would let you bypass a 90 minute wait, which you could use again and again (on the same ride), without really verifying that you even had a real disability.

I don’t feel like the old process was any less lazy. Was it more accommodating? Yes. I do absolutely believe that the current process is less accommodating that the old one, but that’s not my argument; I find the current process to be reasonable for most people. It can, and I hope they do, improve the system.

Disney claims that they already work with people that truly need further accommodation. I would say that if Disney is denying someone further accommodation that is really asking for it, they probably aren’t as bad off as they want to make themselves look. I realize that means Disney is having to make a judgment call, but unfortunately they have to, since people would absolutely lie about this. Would those people then complain? I think so. However, if Disney is being honest, if someone really needs further accommodation, they should be able to get it. I don't see why Disney would lie about that, but I do see why a guest would lie about needing more accommodation.
 

ParentsOf4

Well-Known Member
The system will not work for everyone, but it will work for almost everyone.
By law, the system must work for everyone with a disability that Disney can accommodate reasonably.

Having a system that "will not work for everyone" is a violation of the law, if there is a "reasonable accommodation" that Disney can make.

On more than one occasion, @flynnibus has written that Disney's new system needs to be flexible.

Back in the days when Disney gave everyone with a disability unlimited FP/FP+, no one cared. Back in those days, many guests got more than what their disability required.

Now that Disney is trying to limit how each guest with a disability is accommodated, some guests are going to feel their disabilities are not being accommodated.

Disney needs a system that is flexible enough to still meet ADA for a multitude of different levels of disability without placing barriers on those who are disabled.

With the way ADA was amended in 2008, my opinion is that the burden of proof is on Disney to demonstrate that their new system complies.

Don't feel too bad for Disney. Even before the lawsuit, I'm sure they spent many thousands of hours pouring over ADA regulations and rulings to make sure their new system complies. They now have to show that work to the court.
 

AdventureHasAName

Well-Known Member
This argument assumes all waiting in all places is equal. Which may or may not be true for the individual. You also gloss over how someone can cope with the varied situations and instead only look at all include 'a wait'.

Yes, it does (more or less). If you can point out how waiting in line to get through security at the airport, or waiting on line to get through the turnstyles, or waiting on line to get to the front of the DAS line to get your card, is different than waiting for your DAS return time to ride Splash Mountain, I'd love the hear it. Or, alternatively and more on point, how is waiting on a bench in Fantasyland with one parent while the other gets food for the family at Village Haus any different from waiting on a bench in Fantasyland with one parent while the other gets the DAS Fastpass for Peter Pan?

Either you are medically incapable of waiting ... or you are not medically incapable of waiting. The opponents of DAS claim they are medically incapable of waiting.

Which is why I said.. you need to focus on the test of if the limitation and disability meet the legal requirements. Not if you think it's fair, or reasonable, or whatever. Qualify the legitimacy of the claimed limitation on it's own merits.

In my post, I questioned the validity of the claimed disability, not the reasonableness or fairness of the proposed remedy (I question the reasonableness too, but it's irrelevant to whether or not the disability exists to the extent claimed). If someone says they are incapable of waiting, then you watch as they wait elsewhere, it's quite relevant to ask if maybe the extent of the disability is being exaggerated to gain benefits not intended by the ADA.

And no, I don't subscribe to the theory of "if a doctor says it's a disability, then it is" - sadly, in 2014 America, you can doctor shop and find one who will say you're allergic to air if your money is green. I used to be a narcotics detective, I once saw a doctor prescribe one person in one month 128 times the amount of Oxycontin that would kill an average person. A five minute appointment with this doctor ran $500 cash. And this was not an isolated incident - we got so many of these doctors reported by local pharmacies that we couldn't keep up and arrest them all because we didnt have the manpower.

I'm not defending their claim - but you have to dissect it in the context of the law, not mob think.

One man's "mob think" is another man's common sense.
 

CJR

Well-Known Member
By law, the system must work for everyone with a disability that Disney can accommodate reasonably.

Having a system that "will not work for everyone" is a violation of the law, if there is a "reasonable accommodation" that Disney can make.

On more than one occasion, @flynnibus has written that Disney's new system needs to be flexible.

Back in the days when Disney gave everyone with a disability unlimited FP/FP+, no one cared. Back in those days, many guests got more than what their disability required.

Now that Disney is trying to limit how each guest with a disability is accommodated, some guests are going to feel their disabilities are not being accommodated.

Disney needs a system that is flexible enough to still meet ADA for a multitude of different levels of disability without placing barriers on those who are disabled.

With the way ADA was amended in 2008, my opinion is that the burden of proof is on Disney to demonstrate that their new system complies.

Don't feel too bad for Disney. Even before the lawsuit, I'm sure they spent many thousands of hours pouring over ADA regulations and rulings to make sure their new system complies. They now have to show that work to the court.

As I have a said in every single one of my posts, including the one you quoted, Disney does provide assistance to those who do need further accommodation. I don’t know what kind of assistance as it’s personalized. However, if Disney is being honest, then, yes, this system does work for everyone and is not discrimination of any form.

If Disney is putting its foot down with some people, then I would say that they don’t really need the accommodation they are more or less demanding. I would have trouble believing that Disney would deny special accommodation for someone who really needed it and asked for it. By needing it, I’m not talking about in the eyes of the guest, since some guests think they deserve everything under the sun, but in the eyes of our legal system.
 

flynnibus

Premium Member
Yes, it does (more or less). If you can point out how waiting in line to get through security at the airport, or waiting on line to get through the turnstyles, or waiting on line to get to the front of the DAS line to get your card, is different than waiting for your DAS return time to ride Splash Mountain, I'd love the hear it. Or, alternatively and more on point, how is waiting on a bench in Fantasyland with one parent while the other gets food for the family at Village Haus any different from waiting on a bench in Fantasyland with one parent while the other gets the DAS Fastpass for Peter Pan?

Either you are medically incapable of waiting ... or you are not medically incapable of waiting. The opponents of DAS claim they are medically incapable of waiting.

Read the thread.. there are several first hand accounts from level headed parents in just the last 2 pages alone.

I personally think waiting 'away' from the queue should be sufficient... but I can see the track people might argue why the person may be incapable of handling variation without huge difficulties. Do these meet the standard of impacting major life functions? I think it will be interesting to see how that is judged considering it's a theme park setting and not something like a workplace setting which has it's own rules.

I personally don't think arguing against the inability to cope with the wait or schedule as part of their disability would go very far in the liberal courts we have.. I think they win that aspect without much effort (its so non-PC to limit the disabled...). But will it qualify as meeting the requirement of impacting major life functions? This is where some law research would be useful if there is any case law in this matter and might be a good line to defend.
 

flynnibus

Premium Member
In substance, Disney decided to address the abuse purposely reducing its benefits, thereby giving people less desire to abuse it. While that'll probably work, it also means that the system has less benefit for those it is designed to help. And that's too bad.

Unfortunately often the only way to curb behavior is to take away the benefit because when it's too sweet... people will not stop the behavior and just keep adapting trying to chase the benefit.
 

AdventureHasAName

Well-Known Member
I personally don't think arguing against the inability to cope with the wait or schedule as part of their disability would go very far in the liberal courts we have.. I think they win that aspect without much effort (its so non-PC to limit the disabled...).

Neither do I (I said as much in another thread on, i think, another site). I think the Plaintiffs will win (it'll be a Pyrrhic victory, the courts will rule with something impracticable, Disney will ignore it while simultaneously stating its firm commitment to compliance, and the future courts will recognize the impracticality and refuse to follow-up). But the argument you are making has ceased to be a legal argument and instead become an ideological power argument. You're saying the judges are likely to rule one way (and I agree, they are) not because of what the law says, but because of what the judges' (particularly 9th Circuit) believe is the most politically correct thing to do.

That said, legally, I don't see how the Plaintiffs have a leg to stand on. They are claiming they are medically incapable of waiting, yet reality dictates that, excluding the attraction waits at issue in the lawsuit, they must still wait constantly (food, turnstiles, bathrooms, parades, fireworks, stores, park entrance, shows) during a typical trip to Disneyland.
 
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Mouse_Trap

Well-Known Member
I’m not sure if you read my post on the previous page, but as someone with extensive life experience dealing with waiting and autism, not all lines are created equal and being able to wait 5 minutes for a tram in no way has any bearing on an individual with autism being able to wait in a hot, loud, and lengthy line for a ride in a theme park.

But that's the exact type of line that DAS enables you to bypass.

A DAS user doesn't wait in-line for any significant period of time, they return after their equivalent wait period is up.

I don't but some of the arguments being made here that they maybe are some people who genuinely cannot wait.

This just doesn't exist, otherwise what would such a person do with the rest of their life when they are not at Disney?
- How could they tolerate waiting for their favourite tv programme to start?
- How could they wait until they needed to use the bathroom?
- Heck, how could they wait for the Disney vacation!!
 

AdventureHasAName

Well-Known Member
But that's the exact type of line that DAS enables you to bypass.

A DAS user doesn't wait in-line for any significant period of time, they return after their equivalent wait period is up.

I don't but some of the arguments being made here that they maybe are some people who genuinely cannot wait.

This just doesn't exist, otherwise what would such a person do with the rest of their life when they are not at Disney?
- How could they tolerate waiting for their favourite tv programme to start?
- How could they wait until they needed to use the bathroom?
- Heck, how could they wait for the Disney vacation!!

You've done well in describing the logical inconsistency. In essence, someone who claims GAC worked, but DAC doesn't is essentially claiming the disability makes the person medically incapable of existing anywhere in Disneyland aside from inside an actual ride vehicle; they are medically incapable of waiting (ie, existing, sitting, standing) anywhere else.
 

Gomer

Well-Known Member
But that's the exact type of line that DAS enables you to bypass.

A DAS user doesn't wait in-line for any significant period of time, they return after their equivalent wait period is up.

I don't but some of the arguments being made here that they maybe are some people who genuinely cannot wait.

This just doesn't exist, otherwise what would such a person do with the rest of their life when they are not at Disney?
- How could they tolerate waiting for their favourite tv programme to start?
- How could they wait until they needed to use the bathroom?
- Heck, how could they wait for the Disney vacation!!

Did you read the entirety of both of my posts? As I thought I expressed clearly, one wait does not equate to another. In my post prior to the one you quoted, I went into detail on how environment, circumstance, and fixation on the end goal of the wait affect ability in addition to severity of symptoms.

I'm just telling you how this works as a parent dealing with it. You can choose to believe these things "don't exist" but that does not make it true. I know I can't convert all the people on here who are tied to their traditional methods of thinking about this. All I can tell you is these things, in the autistic mind, don't work in the traditional mold you are working with. So, while these thing "don't exist" for you in your world, I can assure you those inconsistencies are part of my daily life and do in fact exist for others.
 

Mouse_Trap

Well-Known Member
Did you read the entirety of both of my posts? As I thought I expressed clearly, one wait does not equate to another. In my post prior to the one you quoted, I went into detail on how environment, circumstance, and fixation on the end goal of the wait affect ability in addition to severity of symptoms.

I'm just telling you how this works as a parent dealing with it. You can choose to believe these things "don't exist" but that does not make it true. I know I can't convert all the people on here who are tied to their traditional methods of thinking about this. All I can tell you is these things, in the autistic mind, don't work in the traditional mold you are working with. So, while these thing "don't exist" for you in your world, I can assure you those inconsistencies are part of my daily life and do in fact exist for others.

So how do you manage if they get an issue with things you can't bypass a wait for?
 

bubbles1812

Well-Known Member
This I too find interesting. What would the medical community say about waiting? How would they compare standing in line waiting to waiting in another area- or would there be a difference to them? What would they say is an extended amount of time? Would it apply if the wait was over 10 mins, 30 mins, over an hour, etc? Would doctors agree on this or would it be very different depending on which doctor you consult (or which patient you are referring to)? I hope there is a forum reader who is a doctor and could give us some insight into this from a medical perspective.

Whatever was decided, it would definitely set a precedent for other businesses. Which makes it an interesting case, regardless of what side you are on.
Med Student *waves* Not a doctor yet, but give it another 7 months or so, and I will be :) Honestly, the answer to your question is that the answers to your questions would really be pretty different depending on the individual doctor, and yes for each individual patient, as you said. There is a reason it's called the Art of Medicine. There aren't "hard" rules a lot of the time. Now, if you got a bunch of doctors together, you could probably arrive a general consensus, and that's how we end up with guidelines. To my knowledge, there isn't any sort of disorder you'd find where the literature supports saying "this or that type of patient cannot wait."

By oath, medical professionals need to be doing what is best for the patient while doing no harm, taking into account the limited resources available to all patients. This is where the ethics of something even like the ADA and how it is applied can get tricky. Waiting for extended periods of time could possibly harm a patient in the right scenario and would be something physicians should say "this shouldnt be happening to my patient" but that would again be at the level of the individual patient. Though to note, we do not necessarily have this obligation to the patient's family. A decision for a doctor to say a patient cannot wait ect would not be made because of this hypothetical patient's family's desire for convenience or increased happiness nor even for the patient's own happiness or satisfaction. It is about what is best treatment for the patient, and that we do not harm the patient with whatever treatment we prescribe. That is it. (In fact, ironically enough, higher patient satisfaction has been linked with poorer health outcomes! Multiple reasons there, and that would require a lot more writing, and doesn't apply here so I will not explore that).

So again, to come back to it...Physicians "flex" on treatment on a daily basis to tailor their treatment to individual patient needs. No two patients are ever exactly alike. I think @flynnibus wrote somewhere in this thread that the DAS should be more flexible to individual needs. I would submit that is where a lot of doctors individual opinions would be...That there is a need for more flexibility for the individual the same way medical treatment is tailored on an individual level. But that is frustrating in and of itself because "flexible" is a pretty darn vague term. And with too much flexibility, you wind up right back at the uber-abused GAC. And how to apply that to a private company? Said company, which has no obligations from a medical perspective but is only obligated to what the law compels them to do? How to decide where that line lies while balancing the concerns of other guests? Hard to know.

Hopefully that made some sense... Medical ethics is no ones favorite subject. :geek:
 
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GoofGoof

Premium Member
Pretty good discussion so far. I wanted to jump back in and post a few thoughts. Let's forget about the lawsuit for a minute and talk about a possible solution. I agree with a few of the posters that the ideal system would be more flexible to accommodate everyone. The question I have is would a more flexible system actually violate ADA? I was under the impression that you cannot require proof of disability. I would think an ideal system would start with DAS as it is, but allow guests with more severe issues to present a doctor's note stating additional accommodations are needed. Disney CMs aren't trained to diagnose conditions or determine who can and cannot wait in line. I am not the parent of an autistic child, but I would imagine most would probably check with their doctor before taking their child to a place like WDW. I think a doctor's note would be a simple solution which is unfortunately not legal. I guess they could just rely on the guests and take their word, but that's what caused all the issues with GAC abuse. The trick is getting the benefits to those that need it without allowing the masses to abuse it.
 

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