More families of autistic kids sue Disney parks

[ford91exploder]

I agree with you, but your optimism makes you the Bernie Sanders of this thread! Not talking politics, just making light of the optimism in the face of our nation's nonsensical use of the legal system as compared to the Senator's track record as the underdog against the nonsensical proposals he votes against.

Not necessarily, This is a HUGE precedent by a federal court who at least seem to be finally getting tough with the 'Law Firms with Professional Plaintiffs' using the ADA to milk settlements from people, In the past judges simply dismissed the case with prejudice which means the case cannot be refiled - no biggie law firm is out a few hours of partner and paralegal time. With this the Law Firm is on the hook for ALL of Disney's costs and the court will make sure the law firm and plaintiff PAY UP which should quickly chill similar suits as the Heads I win, Tails I break even nature of this kind of action is no longer assured as now tails may mean 'I LOSE BIG TIME'.

This is huge because remember law is built on both statute and case law, This is case law which may begin to put some sanity into the US legal system.

 

[note2001]

Not necessarily, This is a HUGE precedent by a federal court who at least seem to be finally getting tough with the 'Law Firms with Professional Plaintiffs' using the ADA to milk settlements from people, In the past judges simply dismissed the case with prejudice which means the case cannot be refiled - no biggie law firm is out a few hours of partner and paralegal time. With this the Law Firm is on the hook for ALL of Disney's costs and the court will make sure the law firm and plaintiff PAY UP which should quickly chill similar suits as the Heads I win, Tails I break even nature of this kind of action is no longer assured as now tails may mean 'I LOSE BIG TIME'.

This is huge because remember law is built on both statue and case law, This is case law which may begin to put some sanity into the US legal system.

I'm very happy this turned out the way it did. I have two friends, both with now-18 year old autistic boys. One boy is high functioning, and his mom is the one of the two is upset about the change to Disney's approach to the ride system for the disabled. She has taken him to Disney for an annual trip for years. The mom with the lower functioning boy never in a million years could think about taking her son to Disney as it would be overwhelming not just for him, but for everyone involved. While she loves WDW and misses it very much, but she thought the lawsuit was bogus from the start. Checking in with her today, she mentioned that she's on board with the decision.

 

[mimitchi33]

I'm very happy this turned out the way it did. I have two friends, both with now-18 year old autistic boys. One boy is high functioning, and his mom is the one of the two is upset about the change to Disney's approach to the ride system for the disabled. She has taken him to Disney for an annual trip for years. The mom with the lower functioning boy never in a million years could think about taking her son to Disney as it would be overwhelming not just for him, but for everyone involved. While she loves WDW and misses it very much, but she thought the lawsuit was bogus from the start. Checking in with her today, she mentioned that she's on board with the decision.

Too bad she feels that way. I had a great experience with the system for rides I couldn't Fastpass + or had late times for... (I have arthritis and Asperger's, BTW.)

Yes Buzz likes to conveniently forget these guys who had a much more profound effect on the discontinuing of the GAC

http://nypost.com/2013/05/14/rich-m...guides-so-kids-can-cut-lines-at-disney-world/
or this man and woman
http://www.today.com/news/undercover-disney-deplorable-scheme-skip-lines-6C10131266

When questioned by Today producers their responses were simply gold

From article 1:
"My daughter waited one minute to get on ‘It’s a Small World’ — the other kids had to wait 2 1/2 hours."
Since when would It's A Small World have that long of a wait in 2014, or anytime in this modern day? That mom must have been bluffing just to get attention-I've never seen that ride without a wait of 30 minutes or less.

 

[BernardandBianca]

This is a HUGE precedent by a federal court who at least seem to be finally getting tough with the 'Law Firms with Professional Plaintiffs' using the ADA to milk settlements from people, In the past judges simply dismissed the case with prejudice which means the case cannot be refiled - no biggie law firm is out a few hours of partner and paralegal time. With this the Law Firm is on the hook for ALL of Disney's costs and the court will make sure the law firm and plaintiff PAY UP which should quickly chill similar suits as the Heads I win, Tails I break even nature of this kind of action is no longer assured as now tails may mean 'I LOSE BIG TIME'.

I haven't read the opinion, but I believe there is a difference between "costs" and "attorney's fees". And the difference is huge. Costs are typically in the low thousands of dollars, whereas attorney fees could be in the millions. So the downside is not as significant as the posts are making it seem.

 

[ford91exploder]

I haven't read the opinion, but I believe there is a difference between "costs" and "attorney's fees". And the difference is huge. Costs are typically in the low thousands of dollars, whereas attorney fees could be in the millions. So the downside is not as significant as the posts are making it seem.

You are correct but the Court actually determines what the costs are and attorney fees will be based on the actual hours spent by the Disney legal team and their compensation rate which is a matter of record, I expect this will be in the high tens to low hundreds of thousands and I imagine that since the courts want to send a message the costs allowed will be on the high side.

 

[jaklgreen]

You are correct but the Court actually determines what the costs are and attorney fees will be based on the actual hours spent by the Disney legal team and their compensation rate which is a matter of record, I expect this will be in the high tens to low hundreds of thousands and I imagine that since the courts want to send a message the costs allowed will be on the high side.

Who would pay those fees, the plaintiffs or their lawyers? I do not agree with the lawsuit and do think it was frivolous but I cant imagine the Mom with the autistic kid has that kind of money to pay the fees. I also think that any lawyer that she went to should have told her she has no valid case and it will not go well. I know they are eternally optimistic when going after big pockets but really.?

 

[ford91exploder]

Who would pay those fees, the plaintiffs or their lawyers? I do not agree with the lawsuit and do think it was frivolous but I cant imagine the Mom with the autistic kid has that kind of money to pay the fees. I also think that any lawyer that she went to should have told her she has no valid case and it will not go well. I know they are eternally optimistic when going after big pockets but really.?

In this case the plaintiff as this is one of the first 'loser pays' precedents in a federal court an important first step in matching legal practice in the rest of the civilized world .

Before there was no downside to filing a bad case as the defendant had to eat the expense in defending a bad case.

I'm sure the dirtbag lawyer who encouraged filing this suit will go after plaintiff. As I'm sure in the contingency agreement there is a clause to allow lawyer to recover his costs and expenses in case they lose

 

[PhotoDave219]

Who would pay those fees, the plaintiffs or their lawyers? I do not agree with the lawsuit and do think it was frivolous but I cant imagine the Mom with the autistic kid has that kind of money to pay the fees. I also think that any lawyer that she went to should have told her she has no valid case and it will not go well. I know they are eternally optimistic when going after big pockets but really.?

Thats between the client and the Plaintiff. We dont know off hand.

 

[jaklgreen]

In this case the plaintiff as this is one of the first 'loser pays' precedents in a federal court an important first step in matching legal practice in the rest of the civilized world .

Before there was no downside to filing a bad case as the defendant had to eat the expense in defending a bad case.

I'm sure the dirtbag lawyer who encouraged filing this suit will go after plaintiff. As I'm sure in the contingency agreement there is a clause to allow lawyer to recover his costs and expenses in case they lose

Do you think that if the woman has to pay that Disney would forgive this and can they legally? And does this mean all of the other similar cases will be automatically dropped?

 

[mimitchi33]

Who would pay those fees, the plaintiffs or their lawyers? I do not agree with the lawsuit and do think it was frivolous but I cant imagine the Mom with the autistic kid has that kind of money to pay the fees. I also think that any lawyer that she went to should have told her she has no valid case and it will not go well. I know they are eternally optimistic when going after big pockets but really.?

I guess the attorneys do. There's a reason there's a right to have them in the constitution of our beloved country!

But still, that woman who said It's A Small World had a two and a half hour wait when she "abused the system" is nuts. I've never seen it that long!

 

[jaklgreen]

I guess the attorneys do. There's a reason there's a right to have them in the constitution of our beloved country!

But still, that woman who said It's A Small World had a two and a half hour wait when she "abused the system" is nuts. I've never seen it that long!

That is an extremely long line for IASW. The line would stretch all the way to Haunted Mansion with those wait times. I have never seen it that long either. I think she was stretching the truth a bit.

 

[Goofyernmost]

That is an extremely long line for IASW. The line would stretch all the way to Haunted Mansion with those wait times. I have never seen it that long either. I think she was stretching the truth a bit.

With human beings one of our most refined abilities would be massive exaggeration used to add drama to any story. Happens a lot in here!

 

[rle4lunch]

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."

Always someone trying to make a quick million bucks off of a big corporation. meh.

 

[ford91exploder]

Do you think that if the woman has to pay that Disney would forgive this and can they legally? And does this mean all of the other similar cases will be automatically dropped?

Doubt that they would it's too useful a deterrent for future suits along these lines.

 

[ford91exploder]

I guess the attorneys do. There's a reason there's a right to have them in the constitution of our beloved country!

But still, that woman who said It's A Small World had a two and a half hour wait when she "abused the system" is nuts. I've never seen it that long!

Last year in May I saw wait times for IASW at 130 minutes, I had difficulty believing it but there it was up on the standby wait time sign.

 

[jaklgreen]

Doubt that they would it's too useful a deterrent for future suits along these lines.

I was kind of thinking that too. I don't think that people realize that a lawsuit can backfire on them.

 

[Aqueeta]

If a [disability] causes difficulty waiting in line then maybe a massively crowded amusement park isn't the best environment to be in. .

Easy for you to say since you don't have a disabled child who has siblings that aren't disabled. The GAC was created to keep families like these together but now a parent has to stay at the hotel with the disabled child while the other parent takes their non-disabled siblings to the park. Happy now?

 

[Animaniac93-98]

but now a parent has to stay at the hotel with the disabled child

If you say so. I'm sure other parents would disagree.

 

[Goofyernmost]

Easy for you to say since you don't have a disabled child who has siblings that aren't disabled. The GAC was created to keep families like these together but now a parent has to stay at the hotel with the disabled child while the other parent takes their non-disabled siblings to the park. Happy now?

Where did you come up with that? The only way that would happen is if one didn't attempt to get a DAS or just plain do not know how to use it.

 

[Aqueeta]

Where did you come up with that? The only way that would happen is if one didn't attempt to get a DAS or just plain do not know how to use it.

DAS will not help those families with a severely autistic child who will never learn the concept of waiting. Disney's answer to this problem was the GAC, that was, until parents of mildly autistic children saw it as a gravy train and hopped on. Keeping families together was what this lawsuit was about and families with genuinely disabled autistic children lost.