Prices up…profits down…

Chi84

Premium Member
No, it isn't. I'm an attorney and I've counseled corporations on ADA compliance.
I agree that ultimately skipping lines at a theme park is not something that would be required by the ADA.

But there is case law that can be - and is being - used to argue that businesses should not ask the nature and extent of a disability or require documentation. ADA compliance in the workplace is different.
 

TrainsOfDisney

Well-Known Member
Exactly. Some people who may be older and unable to tolerate heat or long lines choose to buy LLs instead of skipping rides. It’s good that the choice is available.
We should just agree to disagree…. If they can’t tolerate heat that’s a disability issue.

Also many of the longer wait attractions have large indoor sections to wait in.
 

Chi84

Premium Member
We should just agree to disagree…. If they can’t tolerate heat that’s a disability issue.

Also many of the longer wait attractions have large indoor sections to wait in.
You would have to extend the definition of disability far past what is stated in the ADA. Regardless of your personal opinion, that is extremely unlikely to happen.

It’s fine to disagree but this is one case where I’m glad Disney is providing people with choices - stand in line or pay to wait elsewhere.
 

TrainsOfDisney

Well-Known Member
So you think people are either healthy or disabled? There is so much in between those two.

I have to say, that’s a pretty tough stance!
Huh? It’s a tough stance to say there are people who are disabled and people who are not disabled?

I do think we agree that legacy Fastpass is the best option.
 

Chi84

Premium Member
Huh? It’s a tough stance to say there are people who are disabled and people who are not disabled?

I do think we agree that legacy Fastpass is the best option.
That’s not what I said. But since I’ll be long gone before Disney or any other major theme park reverts to all standby, it’s senseless to go on.
 

AdventureHasAName

Well-Known Member
I agree that ultimately skipping lines at a theme park is not something that would be required by the ADA.

But there is case law that can be - and is being - used to argue that businesses should not ask the nature and extent of a disability or require documentation. ADA compliance in the workplace is different.
Businesses can ask for reasonable proof that the disability exists before providing accommodation. And in the case of a theme park, "accommodation" doesn't need to be skipping to the front of the line with no wait. Disney went decades without requiring documentation (for those without obviously visible disabilities) and what it got in return was a massive amount of non-disabled people who abused the system. That's on them. It didn't have to be that way; they chose to let it be that way.
 

Chi84

Premium Member
Businesses can ask for reasonable proof that the disability exists before providing accommodation. Disney went decades without requiring documentation and what it got in return was a massive amount of non-disabled people who abused the system. That's on them.
What section of the ADA or the DOJ regulations implementing it mentions “reasonable proof?”

I do agree that line-skip systems are likely not required by the ADA.

But when you have cases getting to the federal appellate level, it’s disingenuous to say there’s no issue there.

I believe Six Flags is in litigation right now over documentation requirements, although I haven’t recently checked the progress of that case.
 
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Nunu

Wanderluster
Premium Member
Healthy and able bodied people can and do wait in long lines every single day. It’s quite easy.
Where I'm from (not the US), everybody knows that a trip to WDW involves lots of walking and waiting in line. I've taken an 8 year old, and my 80 year old dad (both able bodied, though), they were warned about this, before me booking those trips. Obviously, their ages were taken into consideration while navigating the parks.

Perhaps the disagreement lies in the difference between "not being able to wait in line" and "being unwilling to wait in line"? 🤷‍♀️
 

Chi84

Premium Member
Where I'm from (not the US), everybody knows that a trip to WDW involves lots of walking and waiting in line. I've taken an 8 year old, and my 80 year old dad (both able bodied, though), they were warned about this, before me booking those trips. Obviously, their ages were taken into consideration while navigating the parks.

Perhaps the disagreement lies in the difference between "not being able to wait in line" and "being unwilling to wait in line"? 🤷‍♀️
Absolutely. Someone who is 80 and not in the best shape may be able but unwilling to wait in line because it’s difficult for that person. They can choose to stand in line or pay to use the LLs. I wouldn’t want to take away that choice. (I preferred when the choice was free.)
 
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AdventureHasAName

Well-Known Member
What section of the ADA or the DOJ regulations implementing it mentions “reasonable proof?”

I do agree that line-skip systems are likely not required by the ADA.

But when you have cases getting to the federal appellate level, it’s disingenuous to say there’s no issue there.
Title III, Sections 36.105(a)(2), 36.105(d)(2)(ii) and 36.311(c)
 
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Chi84

Premium Member
Title III, Sections 36.105(a)(2), 36.105(d)(2)(ii) and 36.311(c)
36.311(c) allows a business to ensure that a person using a power-driven mobility device is capable of doing so. Even then, in lieu of proof, the person may offer a verbal representation not contradicted by observable fact. The business is not allowed to inquire into the nature or extent of the disability that requires use of the mobility device.

The other two sections define what constitutes a disability and state rules of construction. They do not address documentation or mention “reasonable proof.”

The issue is not as simple as you’re saying it is regardless of the ultimate outcome.
 
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osian

Well-Known Member
The obvious thing he doesn't mention is that every time he "delivers more value" to one customer, he's devaluing the experience of the customers who didn't pay more. Sold a Lighting Lane to someone? Everyone else just waited a little longer in line. Separate-ticketed nighttime event? Everyone with a regular ticket just lost hours on their time they paid to stay in the park.

Yet, he doesn't say, "Where we're removing value from a customer's ticket, we feel comfortable lowering ticket costs."
Nail, head, etc. If you can afford to splurge out every now and then on something to plus your experience, that's fine, but what you're actually doing is paying to devalue someone else's experience.
 

John park hopper

Well-Known Member
.
Your right, it will not be likely to go back to better times. Your misery was because of your circumstances and not that of any FP policy not existing. My children were young as well, but we never had a problem with them in any line. The only reason I speak about it at all, a person that has vowed to never go back again, is because most people today have been brainwashed into thinking that the original system was somehow terrible, which it wasn't and the the lines were an incredibly long wait... they were not. I don't remember anything over 50 minutes and that was only for new attractions or a breakdown. The old attractions also were longer and took in more people per hour than the current new ones. That doesn't help either.
Same experience when all were treated equally the lines were long but they moved constantly and guess what my boys never complained or caused a scene while waiting in line. I'm not bragging but my boys were well behaved and knew I would not put up with misbehaving. I've said this before when people were not buried in their cell phones people in line talked to each other --met many interesting people. The bean counters saw a way to make more money thus payed skip the line IMO sucks
 

AdventureHasAName

Well-Known Member
36.311(c) allows a business to ensure that a person using a power-driven mobility device is capable of doing so. Even then, in lieu of proof, the person may offer a verbal representation not contradicted by observable fact. The business is not allowed to inquire into the nature or extent of the disability that requires use of the mobility device.

The other two sections define what constitutes a disability and state rules of construction. They do not address documentation or mention “reasonable proof.”

The issue is not as simple as you’re saying it is regardless of the ultimate outcome.
It uses the term "credible assurances" instead of the term "reasonable proof." Do you want to explain to everyone the legal distinction?
 

Lilofan

Well-Known Member
Absolutely. Someone who is 80 and not in the best shape may be able but unwilling to wait in line because it’s difficult for that person. They can choose to stand in line or pay to use the LLs. I wouldn’t want to take away that choice. (I preferred when the choice was free.)
For our family , members in their 80s in beautiful mild weather DL yes in the summer. For sticky hot and humid WDW at the same time , no.
 

Chi84

Premium Member
It uses the term "credible assurances" instead of the term "reasonable proof." Do you want to explain to everyone the legal distinction?
First, it only applies to power driven mobility devices. Different parts of the regulations apply to different accommodations.

For example, the section regarding the use of service animals prohibits a business from requiring documentation that the animal was trained as such. I believe they also cannot ask for documentation for accessible seating in theaters but I’d have to check.

As far as credible assurance, the section says it may be satisfied by a verbal representation by the person which is not contradicted by observation. “Credible assurance” sounds like what Disney is currently using on its DAS calls in lieu of documentation.

“Reasonable proof” sounds kind of vague. Which section uses it?
 
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