For example, when Disney’s interests conflicted with the interests of guests at the non-Disney Shades of Green resort (operated by the U.S. military for the benefit of service members), Disney achieved its preferred outcome, with the RCID’s cooperation. This conflict arose as part of the ongoing World Drive Phase III project. The World Drive Phase III project is relocating a portion of World Drive, one of the public roads that guests use to navigate within the District. The public roadway changes fall under RCID’s jurisdiction and are being funded by the RCID bonds.
The World Drive Phase III roadway project affects the entrance to the Shades of Green Resort. Shades of Green is located across the street from Disney’s Polynesian Village Resort. The Polynesian Village Resort is home to dining and shopping experiences, access to the Disney monorail transportation system, access to a Disney boat service that brings guests to the Magic Kingdom theme park, and access to walking trails that allow members of the public to walk to the Magic Kingdom theme park. Members of the public do not need a ticket to ride the monorail or boat service, nor do they need to be a Disney hotel guest. Disney affirmatively informs park guests not staying at Disney resorts that they can freely use the monorail, boat, and other forms of Disney transportation.13
Before the World Drive Phase III project, guests at Shades of Green sometimes walked across the street (or used scooters if they were disabled) to access transportation and public amenities at Disney’s Polynesian Village Resort. As part of the World Drive Phase III project, Disney leadership determined that
Disney’s “preferred direction … is to eliminate ALL pedestrian activity … generated by the Shades of Green resort,” which “will be accomplished by mandating guest usage of the shuttle bus AND development of site modification … to eliminate 13
See Transportation – Frequently Asked Questions, DISNEY, ,
https://bit.ly/47SwGBU (last visited Nov. 29, 2023). Non-hotel guests “have complimentary access to our network of monorails, buses, and boats” and describing “recommended routes that may be convenient for Guests who are not staying at a Disney Resort hotel,” including monorail and boat connections.40 pedestrian activity altogether.” (emphasis added) Exhibit 21, Eliminate SOG Pedestrian Access, at 6.
At least initially, the RCID’s concern was for the safety of pedestrian traffic as the roadway was expanded from two to four lanes. The RCID’s position was that the location would need to be signalized for pedestrian traffic by adding a traffic signal where none existed at the time. RCID would only accept an unsignalized intersection at Shades of Green “if there is either extensive fencing or a grade-separated pedestrian crossing to accommodate any pedestrians” crossing at the location. The RCID also believed that, regardless of pedestrian traffic at the location, future signalization may still be required to accommodate bus traffic and other larger vehicle movements.
At this point, the RCID relied on Disney to provide a traffic study supporting the future direction of vehicle and pedestrian traffic at this location.
Id.
As the project evolved, the RCID did not conduct a dedicated pedestrian study at the Shades of Green location but did obtain data from another traffic study indicating that a peak of 30 pedestrian platoons/groups per hour (consisting of 2-3 people each for a total of 55-75 individuals per hour) were crossing between Shades of Green and the Polynesian Village Resort. Exhibit 22, Email Chain re Pedestrian Access at SOG. In internal communications, the RCID considered three options for the project: “Signal with at grade crosswalk … -
Disney doesn’t want, ” “RCID to build a pedestrian bridge … -
Disney really doesn’t want”; and “All pedestrian access from Shades of Green is eliminated –
Disney likes but I have been told Shades does not want.”
Id. at2.
Ultimately, the RCID acceded to Disney’s wishes. In July 2022, Disney confirmed to the RCID “that the Ped[estrian] access situation across from S[hades] o[f] G[reen] is to be completely omitted.”
Id.
In this circumstance, it is difficult to believe that Shades of Green’s and the veterans’ interest in pedestrian traffic to and from the resort was given equal consideration alongside Disney’s preference for ending that pedestrian traffic, particularly because the RCID employees involved in the decisions about this public roadway project were receiving Complimentary Ticket annual passes, substantial Disney discounts, and other perks reserved for Disney “cast members.”
Yet as a government entity, the RCID was obligated to serve Shades of Green and Disney on equal footing and with complete neutrality. This is one example of how Disney’s capture of the RCID appears to have affected the neutrality of the RCID’s governmental decision-making and, at the very least, created the appearance of impropriety and unfairness.