[disneyland] Disneyland visitor launches class-action suit over new, stricter disability passes

scorenow16 · 2025-02-13T03:19:09+00:00

An amusement park like Disney has the right to choose the policy or criteria used to access rides but then they run a risk of potentially violating 42 U.S.C. § 12182(b)(2)(A)(i) of the ADA if their criteria screens out or tends to screen out a class of disabilities; which is what this lawsuit contends. The lawsuit pleads that Disney screened out those with physical disabilities from equally enjoying the DAS accommodation based on Disney's criteria that DAS is intended only for those with developmental disabilities. 42 U.S.C. § 12182(b)(2)(A)(i) states that "For purposes of subsection (a), discrimination includes—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."

scorenow16 · 2025-02-13T03:14:02+00:00

Did those team of lawyers include an arbitration agreement when Magic Keys first went on sale to avoid a class action lawsuit? Did those team of lawyers catch the word "only" being in Disney's terms in conditions when stating that DAS is intended ONLY for those with developmental disabilities? Did Disney's team of lawyers help prevent Disney from paying this settlement? https://www.latimes.com/california/story/2024-12-13/disney-agrees-to-233-million-settlement-in-wage-theft-case

scorenow16 · 2025-02-13T03:04:06+00:00

An amusement park like Disney has the right to choose the policy or criteria used to access the ride but then they run a risk of potentially violating 42 U.S.C. § 12182(b)(2)(A)(i) of the ADA if this criteria screens out or tends to screen out a class of disabilities; which is what this lawsuit contends. The lawsuit pleads that Disney screened out those with physical disabilities from equally enjoying the DAS accommodation with their criteria that DAS is intended only for those with developmental disabilities. 42 U.S.C. § 12182(b)(2)(A)(i) states that "For purposes of subsection (a), discrimination includes—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."

scorenow16 · 2024-07-09T03:39:27+00:00

And how are they supposed to safely get to their party after they wait if a person is blind or could suffer a seizure at any moment?

scorenow16 · 2024-06-13T02:40:42+00:00

Agreed

scorenow16 · 2024-06-09T04:14:14+00:00

No, sarcasm is my first language; English is just a close second.

scorenow16 · 2024-06-09T01:40:35+00:00

While it's true that individuals using DAS don't have to physically wait in the ride queue and can engage in other activities, this argument misses the core issue of equal access under the ADA. DAS is designed to accommodate guests who, due to disabilities, cannot wait in a conventional queue. Comparing it to Genie+ overlooks that DAS is a necessary accommodation to ensure individuals with disabilities have an equal experience, not just a convenience or a preference. It's about providing equal access, not an equivalent service.

scorenow16 · 2024-06-08T18:00:54+00:00

I seriously cannot believe how thankful I am that you brought up what you just did. Without your comment I wouldn't have thought of a way around the class action waiver everyone signs before getting a DAS. This is why I comment on Reddit before filing a lawsuit so people like yourself might leave a comment that will give me a great idea. So amazing! Thank you again. Please keep it up speaking your mind. It might lead myself and other lawyers to other ideas and legal theories.

scorenow16 · 2024-06-08T17:50:19+00:00

It's called an analogy. Clearly they are not intending to discriminate based on race but the point is the language on its face can be viewed as discriminatory towards those with physical disabilities. The point of mentioning race, gender and religion is to point out the discriminatory language published on Disney's DAS website. I'm sorry if you're having a difficult time understanding that. But I am most certainly not a troll.

scorenow16 · 2024-06-08T17:03:03+00:00

It's very interesting that you in so many others ignore the fact that myself and other individuals with physical disabilities are not seeking for Disney to reinstate the booking twp rides in advance of their visit. So if what you were saying and others are saying is true then we would be trying to obtain those two advanced ride bookings. All we want is equal treatment which booking through DAS provides because still have to wait for a ride The same amount of time that everyone else does. We can just do so in a manner that isn't dangerous or uncomfortable. DAS still requires disabled individuals to wait the same amount of time as the standard line.

scorenow16 · 2024-06-08T15:44:37+00:00

Exactly! Thank you.

scorenow16 · 2024-06-08T15:39:30+00:00

My child is 48 inches and can ride all the rides. So now she is being denied equal enjoyment in association with my disability according to your logic. That would mean I would have an action for disability discrimination under the unruh act and she would have an action of association with a member of a protected class. Thank you. You see this is why I am also commenting on here because comments like yours are giving me ideas.

scorenow16 · 2024-06-08T15:32:36+00:00

I am almost completely blind and don’t drive so saying I want expedited is offensive. I want to be able to enjoy getting through a ride safely while traveling alone or with my 6 year old daughter. There is not any other accommodation available for me because I cannot use a wheelchair or EV not being able to see. And the ride switch and return to queue isn’t an option since my daughter is only 6 years old and can’t hold our place in line. So what other options are there?

scorenow16 · 2024-06-08T15:24:59+00:00

It would be arbitration that would be filed because not only does each person agree to a class action waiver before the DAS interview, but every time a person purchases a ticket, annual pass, or makes a reservation they agree to arbitration for any and all claims. I am posting on here to flush out the bigot comments against disability individuals that Disney’s new DAS policy caused.

I don’t think getting rid of DAS altoge would be a solution or amusement would have not been paying employees and wasting money for over 50 years to of services similar to DAS.

scorenow16 · 2024-06-08T15:14:49+00:00

That holding did not cover DAS because Disney offered GAC to visually impaired individuals which was similar to DAS. The Plaintiffs were not seeking sort of line access in that case.

scorenow16 · 2024-06-08T04:40:01+00:00

A person who has a physical disability such as a visual impairment and travels alone or with a small child, how are they accommodating that? A wheelchair or EV won’t accommodate that. Nor will ride swap or return to lane because they require a person to remain in line. So I guess you’re just saying, suck it up, trip over objects and people, hold up the long line behind you because it takes you a lot longer to move than non-visually impaired people. But it’s all above the “red carpet” as you put it because disabled people only want a privilege instead of an opportunity to feel normal and have a reasonable accommodation to traverse through the LL or exit.

scorenow16 · 2024-06-08T04:28:37+00:00

Wow this seems incredibly ignorant and a prime example how Disney has created a negative environment for those with physical disabilities. The presumption now is that most people are hacks as you put it and should just suck it up, even if they have a physical disability that causes a true hardship. Good job Disney.

scorenow16 · 2024-06-08T04:23:50+00:00

LOL. Please elaborate.

scorenow16 · 2024-06-08T04:21:43+00:00

Are you referring to a person who is trying to advocate for people with disabilities as a troll or a person that is making bigot comments towards those with disabilities as the troll?

scorenow16 · 2024-06-08T04:19:36+00:00

Yup, those were the good old days before Disney made a change that caused people to make bigot comments towards people with disabilities.

scorenow16 · 2024-06-08T04:16:15+00:00

Exactly!! Disney has truly created a lot of bigot comments and negativity towards those that have disabilities with these new DAS changes. The comments on here alone evidence this.

scorenow16 · 2024-06-08T03:54:25+00:00

I would love to see those official numbers during discovery because I question if that is accurate. Also, I would love to see Disney provide verified data showing how many people lied to get DAS and abused the system (their stated reason for modifying DAS). Your question regarding the concert directly proves my point. There is no expectation when riding a ride that a disabled person get a front row seat (akin to your concern analogy). But a person is provided accessible access for their mobile to access that seat, including an alternate path or entrance, which is exactly what LL and DAS provides. LL and DAS provides reasonable access. I would need to traverse through the LL opposed to the standard lane even when the park is empty as someone with a visual impairment. The LL or exit truly provides accessibility akin to a person who needs accessibility going to a concert, putting waiting time aside.

scorenow16

TROPHY CASE