Parents Suing Disney Over DAS!?!

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stevehousse

stevehousse

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Original Poster
So it seems like that crazy YouTube lady "autism hippie" has brought upon the great word to spread, that there is a class action lawsuit gearing up against Disney based on the new DAS program that was implemented about a week ago!

This is insane, and more so insane that there are a lot of people on her page supporting this! (Most are mothers of disabled children)

I think it is terrible that people are trying to take Disney to court because they can't have an unlimited Fast Pass anymore like they did with the old GAC.! It sickening to think that these people feel so entitled to everything because their child has a "disability"! That is not how life works in the real world and it ed me off that her an others put themselves before their "sick" children for their own personal gain...

They should be ashamed of themselves for even thinking this lawsuit will go through...are there any lawyers here that would be able to shed some light onto this situation?

Do you think their claim is legit? Will this really go all the way to court? Will Disney use the other Orlando parks as reference for this to go away, seeing as how their program matches those of other area theme parks? I really want to get some perspective on this situation, because I know I am not the only one that feels disgusted by this woman and group of people who think they can get whatever they want because their kid is broken...

Also I commented on that nutbags Facebook and it was immediately deleted...guess she didn't want to hear the truth...
 
Radok Block

Radok Block

Well-Known Member
Former lawyer here, but it's been a while so I may be out of date.

There's an interesting line of thought in personal-injury law that, if you take it upon yourself to provide some kind of extra benefit, you may be sued for it. For example-- I install a free playground in my yard and invite all the kids in town to play on it, anytime. I'm a nice person, right? Well, if a kid gets injured on my free playground, I can be sued for the injury, and the law doesn't really care that I'm a nice person who let everybody play on my free playground instead of chasing them off my lawn with a rake. So you have to be careful when you provide a service or benefit, because you can incur liability for that service.

Extending my analogy to DAS/GAC, this would be akin to my removing my free playground and then the neighbors suing me for taking it away from them, which as far as I know, isn't a cause of action that would hold up. If I provide the service, I have to provide it fairly, but I don't have to provide it at all.

In WDW's case, they have to provide "reasonable accommodations" under the ADA, but the issue is, do they have to provide GAC?

I'm sure these families will argue that their child's disability *requires* a FOTL pass. The question is, are FOTL passes an accommodation WDW can reasonably provide? The keyword is 'reasonable,' not 'all.' So if the affected guests number maybe 100 in a year, or even 1000, WDW could reasonably provide FOTL passes for them, but if it's 30,000 a year, that tips the scales a bit. It's really a balancing act and it depends on what WDW can do without too much trouble (not no trouble, mind).

Without having a better grasp on numbers affected, timing and costs, I can't tell you if the old GAC was unreasonable (in a legal sense) or not, or if the DAS *isn't* reasonable as a replacement. I also would need to look at whatever the complaint the plaintiffs would file (and sure, you can file anything claiming anything you want, but defendants can get stuff tossed out early if the legal argument is utter garbage). There's a lot of information needed here to suss out the merits of this case, and I just can't with YouTube rants, so I'm working with a very incomplete data set.

It's early and I'm still drinking my coffee, so take this with a giant grain of salt. But that's how I'd lawyer this out.
 
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