Where did you find the information about Disney’s lawyers and the ADA? Sorry, I haven’t been reading all the news and I missed that.
Their long list of rules has this to say about Facemasks at DS:
Face Coverings: All Guests ages 3 and older are required to wear face coverings when visiting Walt Disney World Resort.
All face coverings should:
- Fully cover an individual’s nose and mouth and allow the Guest to remain hands-free
- Fit snugly but comfortably against the side of the face
- Be secured with ties or ear loops
- Be made of breathable material, either disposable or reusable
Costume masks are not considered appropriate and are prohibited from being worn, in alignment with
our existing rules.
Guests are required to wear face coverings at all times, except while dining. The use of face coverings should not be seen as a substitute for physical distancing. Guests must provide their own disposable or reusable face covering.
On the Disney Food Blog, someone answered a question about accommodations with this:
"With regard to masks, generally the ADA prohibits places of public accommodation having restrictions that would limit access to an individual with a disability. However, the ADA does allow restrictions when an individual would pose a direct threat to the health or safety of others.
As of March 2020, the EEOC has declared that the COVID-19 pandemic meets the direct threat standard, based on guidance from the CDC and public health authorities regarding the risk of community spread and institution of restrictions. IMPORTANT – This standard may change and so businesses must stay up-to-date.
Since the COVID-19 pandemic is currently considered a direct threat by the EEOC, a business would likely be on solid ground to require customers to wear face masks or covering when entering into their premises."
So I am sure that is the reasoning they have chosen to follow. However, that was a statement by the EEOC- which deals with employment. That's an administrative employment court. I think there is a strong argument under the ADA that a healthy person not wearing a face covering is not actually a direct threat to others. It would be a different court- not the EEOC- who would determine whether a guest has been discriminated against under the ADA. It is pretty crazy to think that the thousands of people in Georgia, Tennessee, and Florida who are shopping and dining and playing on the beaches and enjoying the parks are considered to be "direct threats to others" because they aren't wearing masks.