I'm not sure where you're getting this. Disney has to afford disabled guests the opportunity to have something akin to or similar to the experience of non-disabled guests. You're ignoring the fact that Disney allows the disabled guest to enjoy other attractions, etc. while not standing in line. I'm not certain of any requirement that the return time would have to be exactly the same or less.
A business needs to make only reasonable accommodations that are necessary. It is not enough for the disabled guest to show that the accommodation does not eliminate all discomfort or difficulty.
Actually the system they had before DAS the GAC was ruled by a court to be offering the disabled guest a better experience . Disney was sued when they stopped giving out the GAC and implemented the DAS, which the court ruled was acceptable and reasonable for those who have disabilities that don’t allow them to wait in a traditional line.
They do have to offer equal opportunity to enjoy the attraction…the ADA specifically says they cannot make it harder or more cumbersome on the disabled guest to have the opportunity to do what the non disabled guests can do.
but what they could do and i
Think they should is make it so the disabled guest is not allowed to enter other standby line waiting for their DAS return . If the DAS return is the disabled guest standing in line… then the non disabled guest cannot stand in 2 lines so the DAS guest shouldn’t be able to either.
And I agree, waiting in line while sitting at a quick service eating, or on a bench somewhere is more pleasant than standing in crowd and waiting… but that is why it’s an accommodation. If it was just like the non DAS guest.. then it would be of no help to those who really need it.
Something else they could do is to lower the party size to allow the DAS guest and one caretaker/helper to use the card and if the larger party wants to ride together they would need to do a rider swap situation.
And then of course the more stringent requirements should help as well… so for those with issues (like the need for a bathroom frequently ect) could perhaps be accommodated differently, and limiting the DAS guests to the few who’s needs truly require it.
It’s a tough place to be for the disabled guests and the non disabled guests and I’ve been to parks with
I'm not sure where you're getting this. Disney has to afford disabled guests the opportunity to have something akin to or similar to the experience of non-disabled guests. You're ignoring the fact that Disney allows the disabled guest to enjoy other attractions, etc. while not standing in line. I'm not certain of any requirement that the return time would have to be exactly the same or less.
A business needs to make only reasonable accommodations that are necessary. It is not enough for the disabled guest to show that the accommodation does not eliminate all discomfort or difficulty.
the Ada says they would be unable to make it more strenuous or an additional burden for the disabled guest… they don’t have to guarantee an equal outcome. But they do have to guarantee equal opportunity to enjoy the goods and services the non disabled guests can enjoy.
A good example of this is that Disney doesn’t have to offer disabled guests a “guaranteed spot” on the rides with no standby line. And that is because the non disabled guests have no guarantee for a spot. So the DAS guest has an equal opportunity to get a virtual time to ride, but not a guarantee for one.
And you are right, being able to wait in an area away from the crowded line is a more pleasant experience. But that is why it’s an accommodation. The idea is to bring the disabled guest into the traditional line (same wait) as those that can stand in line.
Something Disney could do and I would argue they probably should do, is make it so the DAS guest can’t get in a standby like while they wait for their return time ( since non DAS guests can’t stand in 2 lines at once).
I do not envy Disney, would not want to be in the position to decide who is accommodated and how.