Families of autistic kids sue Disney parks over policy on lines

[ParentsOf4]

Something to keep in mind when discussing the lawsuit is that Disney does not need to prove that DAS is adequate. Instead, it's up to those who don't like DAS to prove that it does not adequately accommodate their disabilities. For this aspect of ADA, the burden is on the person with the disability, not the person providing the accommodation.

Going forward, there are a couple of points to ponder.

First, since Autism is a spectrum disorder, I suspect there are some people who really do need GAC in order to be accommodated. I suspect this would amount to no more than a handful of Guests on any given day, a number so low that the average park goer wouldn't even notice.

Second, by winning this first case, Disney has made it cost prohibitive for those few individuals who genuinely need GAC to get it.

The change from GAC to DAS happened because those without disabilities were abusing it. As a result of thousands gaming the system, I fear that there are a few dozen with legitimate needs who will no longer be able to visit WDW.

 

[DrummerAlly]

Something to keep in mind when discussing the lawsuit is that Disney does not need to prove that DAS is adequate. Instead, it's up to those who don't like DAS to prove that it does not adequately accommodate their disabilities. For this aspect of ADA, the burden is on the person with the disability, not the person providing the accommodation.

Going forward, there are a couple of points to ponder.

First, since Autism is a spectrum disorder, I suspect there are some people who really do need GAC in order to be accommodated. I suspect this would amount to no more than a handful of Guests on any given day, a number so low that the average park goer wouldn't even notice.

Second, by winning this first case, Disney has made it cost prohibitive for those few individuals who genuinely need GAC to get it.

The change from GAC to DAS happened because those without disabilities were abusing it. As a result of thousands gaming the system, I fear that there are a few dozen with legitimate needs who will no longer be able to visit WDW.

As a member of the autism community, I think that probably everyone (or close to everyone) who would have been able to visit WDW under the old GAC is still able to visit under the DAS. There is probably a very tiny number who could have visited with the GAC that can't with the DAS. There is probably a fairly large number, however, that really does need the DAS to visit WDW on any given day.

The only problem with the DAS is that the ability to ride a ride over and over again through the fast pass line has been eliminated. There are kids who will "need" to ride one ride over and over again all day, in fact this is probably true for most kids with ASD to an extent. If you have one of those kids, I think most parents can find a way to make the new DAS work. My daughter is someone who will want to ride the same ride over and over and over again and will have difficulty moving on, for some rides. If the wait for a ride exceeds her tolerance to wait in line and I don't think she'll be able to do it just once, we wouldn't let her see the ride, go on it, etc. the first time or we would have a plan in place to get her to the next thing. We live our entire daily life like this. The only people that I can see the DAS not working for are the parents who can't manage to pull off something similar to what I described above with the kids. That's probably a small number.

1 in 68 children today has an autism spectrum disorder. I'm willing to bet that a small to maybe decent number of those children couldn't visit WDW under any accommodation. Another portion of those kids can visit WDW without any accommodations. The rest need something and the DAS is a really good, common sense compromise.

 

[Cesar R M]

You don't need to line up at the kiosk. Additional fastpasses can be made through MDX

I dunno, all the times I tried.. It always error'ed and told me to use the kiosk.
I suppose because the system failed in these times I tried (very busy days)

 

[GrumpyFan]

I dunno, all the times I tried.. It always error'ed and told me to use the kiosk.
I suppose because the system failed in these times I tried (very busy days)

The system was updated in the last couple of weeks to allow the additional FP+ for your mobile in the last two weeks.

 

[peter11435]

I dunno, all the times I tried.. It always error'ed and told me to use the kiosk.
I suppose because the system failed in these times I tried (very busy days)

That's because you had to use the in park kiosks for additional fastpasses until recently. It was designed that way. But they have recently changed that and you can now use your own devices.

 

[tribbleorlfl]

ADA protects both physical and mental disabilities. Autism is a universally accepted mental illness.

Good, informative post. I would, however, assume you meant to say "Autism is a universally accepted mental disability." Autism technically is a neurodevelopmental disorder.

 

[Cesar R M]

The system was updated in the last couple of weeks to allow the additional FP+ for your mobile in the last two weeks.

aaah, then I never had the opportunity to do that.
Because, yes.. before.. you had to sit in line to get a FP+ (to supposedly dodge the waiting line on the attractions lol)

 

[ford91exploder]

Something to keep in mind when discussing the lawsuit is that Disney does not need to prove that DAS is adequate. Instead, it's up to those who don't like DAS to prove that it does not adequately accommodate their disabilities. For this aspect of ADA, the burden is on the person with the disability, not the person providing the accommodation.

Going forward, there are a couple of points to ponder.

First, since Autism is a spectrum disorder, I suspect there are some people who really do need GAC in order to be accommodated. I suspect this would amount to no more than a handful of Guests on any given day, a number so low that the average park goer wouldn't even notice.

Second, by winning this first case, Disney has made it cost prohibitive for those few individuals who genuinely need GAC to get it.

The change from GAC to DAS happened because those without disabilities were abusing it. As a result of thousands gaming the system, I fear that there are a few dozen with legitimate needs who will no longer be able to visit WDW.

Sadly true I fear.

 

[Pixie VaVoom]

I don't mean to sound crude in my response, but I know it will probably be interpreted that way, so apologies in advance. There are many ways to avoid standing and waiting in long lines, avoid going to the parks at the busiest of times, get a fast pass+ or just don't go at all. I have a family member who has no pigment in her skin and she has trouble with temperatures above 80 degrees, so she avoids going anywhere outside for long periods of time and especially stays away from pretty much anything in Florida. She has no expectation of anyone changing anything, weather or sun, she just goes on with her life and finds other things to enjoy.

Yours is commendably a realistic and reasonable response to life and this situation. The problem is that a lot of people in the "John Q Public" don't want to be reasonable and realistic. Their mommy told them when they were little that they were a "special snowflake" and the world revolved around them, and all their little wants should be granted. So that is what they expect. Well that is not the way life really is. NO ONE has a perfect life. Everybody has something they have to deal with. I personally am not athletic, and I have respiratory problems. I am not suing the NBA because I will never play professional Basketball. My husband does not sue because he will never be hired on as a "Hooters Girl". People are becoming just ridiculous.

There will always be some individuals whose NEEDS will not be able to accomodated. You don't see Stephen Hawking griping because he can't participate at a trampoline park. Let's face it LIFE IS NOT FAIR...it just isn't!! Make do, do what you can, and go on with life.

The only true equalizer in this world is the ultimate one...death. It gets us all!

 

[GrumpyFan]

Reading thru some comments on Reddit regarding this lawsuit, and I came across this one, that really surprised me.

My 6 year old is on the spectrum and we just went in February. It never even crossed my mind to ask for special access. We did what we knew he could handle and changed plans as his needs dictated.​

Mind you, I know each child is different, and some may be more difficult than others, but this is truly a parent who gets it and is trying their best to make the best of their situation and not asking nor expecting anything further from Disney or anyone else.

 

[DisneyWall-E]

Wikipedia is pretty accurate. I know because an article on Wikipedia said so.

 

[GoofGoof]

Yours is commendably a realistic and reasonable response to life and this situation. The problem is that a lot of people in the "John Q Public" don't want to be reasonable and realistic. Their mommy told them when they were little that they were a "special snowflake" and the world revolved around them, and all their little wants should be granted. So that is what they expect. Well that is not the way life really is. NO ONE has a perfect life. Everybody has something they have to deal with. I personally am not athletic, and I have respiratory problems. I am not suing the NBA because I will never play professional Basketball. My husband does not sue because he will never be hired on as a "Hooters Girl". People are becoming just ridiculous.

There will always be some individuals whose NEEDS will not be able to accomodated. You don't see Stephen Hawking griping because he can't participate at a trampoline park. Let's face it LIFE IS NOT FAIR...it just isn't!! Make do, do what you can, and go on with life.

The only true equalizer in this world is the ultimate one...death. It gets us all!

Keep in mind ADA is a federal law and TWDC is legally required to be in compliance. This has nothing to do with special snowflakes wanting the world to revolve around them. ADA lists out what disabilities qualify and autism is one. Someone with a family member who is autistic has every legal right to demand Disney makes an accommodation if it's practical and not too large of a financial burden. The argument is not over whether someone with autism should be allowed a special modification (I think that's clear to both sides) but whether the DAS is enough of a modification to qualify under ADA. So far this judge has ruled that it is.

Suing the NBA over not playing professional basketball would actually be covered under another section of the ADA. If you had the talent to play but were passed over because of a covered disability you might actually have a case. Unatheltic is not a covered group but having a respiratory condition may be. The higher hurdle would be to prove you had the skills but were being disrciminated against based on your disability.

I'm guessing Stephen Hawking probably couldn't get on a trampoline and jump around but he would be within his rights under ADA to sue if the facility didn't have a wheelchair ramp at the front door.

 

[Cesar R M]

Wikipedia is pretty accurate. I know because an article on Wikipedia said so.

just googling "is wikipedia accurate" should give you the answer.

Still, if you're going for academic research, then you need to know the golden rule of "dont trust ANY single sole source"
Thats why you RESEARCH on MANY sources to get a result.
Because even the most prestigious books have errors that are later mentioned in errata and fixed.

 

[natatomic]

First, since Autism is a spectrum disorder, I suspect there are some people who really do need GAC in order to be accommodated. I suspect this would amount to no more than a handful of Guests on any given day, a number so low that the average park goer wouldn't even notice.

Second, by winning this first case, Disney has made it cost prohibitive for those few individuals who genuinely need GAC to get it.

Since all these lawsuits are being looked at individually, what happens - hypothetically - if the judge rules that the DAS doesn't properly accommodate the needs of one of these families? Does the whole DAS system have to revert back to something similar to the GAC just for this one family? Or would they just put that one family on some sort of special list (or maybe put it in their magic file), so that way any time they come to the parks, they and they alone have their unlimited FP GAC again? Now, If there are other families with similarly extreme accommodations needed out there (but aren't currently involved in this lawsuit), how would they then go about getting the old GAC? Surely they wouldn't have to sue to be put on that list as well, but if it's just a matter of using a few key phrases at guest relations to get the old GAC for your visit (since disney can't ask for proof), how would it not eventually go back to exactly like it was where the abusers would come in knowing what to say to get the better service?

 

[flynnibus]

Since all these lawsuits are being looked at individually, what happens - hypothetically - if the judge rules that the DAS doesn't properly accommodate the needs of one of these families?

Simply Disney would change their policies as they apply to everyone to avoid a future suit under the same claims.

 

[arko]

Simply Disney would change their policies as they apply to everyone to avoid a future suit under the same claims.

they would most likely appeal the decision first.

 

[flynnibus]

they would most likely appeal the decision first.

Of course - but that's not the question at hand..

 

[Dads 2 Boys]

Disney cannot operate in a way that truly can accommodate every single individual.

There's not a nice way to say this but it's not Disney's responsibility to determine if their theme parks are for kids all across the spectrum. When does it become the parents responsibility to PROPERLY determine if their child can handle the sensory overload that is WDW.

 

[GrumpyFan]

Disney cannot operate in a way that truly can accommodate every single individual.

There's not a nice way to say this but it's not Disney's responsibility to determine if their theme parks are for kids all across the spectrum. When does it become the parents responsibility to PROPERLY determine if their child can handle the sensory overload that is WDW.

I agree with your sentiment COMPLETELY! Unfortunately, that little thing called "the law", might say otherwise. More specifically, a judge might overrule this sentiment. Hopefully not, but we'll have to wait and see what happens with the rest.

 

[Goofyernmost]

Since all these lawsuits are being looked at individually, what happens - hypothetically - if the judge rules that the DAS doesn't properly accommodate the needs of one of these families? Does the whole DAS system have to revert back to something similar to the GAC just for this one family? Or would they just put that one family on some sort of special list (or maybe put it in their magic file), so that way any time they come to the parks, they and they alone have their unlimited FP GAC again? Now, If there are other families with similarly extreme accommodations needed out there (but aren't currently involved in this lawsuit), how would they then go about getting the old GAC? Surely they wouldn't have to sue to be put on that list as well, but if it's just a matter of using a few key phrases at guest relations to get the old GAC for your visit (since disney can't ask for proof), how would it not eventually go back to exactly like it was where the abusers would come in knowing what to say to get the better service?

It wouldn't be the person that is identified, it would be the disability. If the court required Disney to do something that would cover that disability that didn't alter the spirit of the attraction or be incredibly costly then they would have to add that allowance to the list of what is now the modification. I think that we will find that just about everything is covered by the current plan. The only thing that I can think of is the repeat riding. I know that a number of kids want to ride the same thing over and over and over. Wouldn't we all, but, the inability to do that is not because of a disability block. They can experience the ride, like everyone else, but like everyone else they have a limitation that is dictated by fairness to others and not disability. Disabled or not... the words no one is allowed to do that should be included in their vocabulary.

If it didn't work that way, I would be having melt downs because Disney has been mean and not allowed me to have free Mickey Bars one after another. But, but... I need it to stay calm! I'm going to sue.. they have ruined my vacation.