I‘m not understanding how it is discriminatory for WDW to have different accommodations for different needs, and not just give every issue the same remedy. What purpose was DAS supposed to serve. Maybe we’re not all on the same page as to that answer.
Hope this helps put into context:
Americans with Disabilities Act of 1990 § 302 “For purposes of subsection (a), discrimination includes--
(i) the imposition or application of eligibility criteria that
screen out or tend to screen out an individual with a
disability or any class of individuals with disabilities from fully and
equally enjoying any goods, services, facilities,
privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered” 42 U.S.C.A. § 12182(b)(2)(i)
"DAS is
intended to
accommodate a small percentage of Guests who, due to a
developmental disability like autism or similar, are unable to wait in a conventional queue for an extended period or time."
So what I did was bold the keywords from an applicable ADA section and also bolded main keywords in the new DAS change. So reading these bolded keywords above you should get a pretty clear understanding how Disney is discriminating developmental vs non-developmental disabilities by screening out those non-developmental disabilities. Specifically, Disney offers developmental disabilities the DAS privilege, advantage, or accommodation by screening out those non-developmental disabilities. Clearly, Disney has a program and policy to screen out developmental vs non-developmental disabilities who access and have DAS accommodation, thus the moving party's initial burden is easily met.
The burden would then shift to Disney to show that it is necesary that "
[D]AS is intended to accommodate a small percentage of Guests who, due to a developmental disability like autism or similar, are unable to wait in a conventional queue for an extended period or time." It will be extremely difficult for Disney to meet that burden. The people abusing DAS argument will not be enough to meet this "necessary" showing.