Walt Disney Parks and Resorts was exonerated in a lawsuit claiming it discriminated against families with children with autism and other developmental disorders in violation of the Americans With Disabilities Act.
In April 2014, 16 children and young adults with autism and other developmental disorders and their guardians and parents filed ADA violations in federal court in the Golden State alleging that Disney’s October 2013 implemented Disability Access Service (DAS) was completely unsuited to the needs of individuals with such special needs. The DAS was intended as a replacement for the longstanding Guest Assistance Card (GAC) program in an effort to halt perceived scams of patrons hiring disabled individuals to travel around Disney parks with them so they could get on rides without waiting. The new DAS program, no longer allowed people to skip waiting like it did under the GAC system. Instead, it allowed guests to make reservations in advance and avoid standing in line until that time. However, the initial complaint claimed that the new system resulted in long waits for ride, which often led to “meltdown behaviors.” The filing also claimed that once-helpful Park and Resorts staff was now inadequate and “robotic” in dealing with such disorders, resulting in various cases of breach of contract and emotional distress. Additionally, the filing said that a supposed secret “Magic List” program, which allows patrons instant entry no appointment rides, could solve a lot of the problems raised by the DAS.
Disney stated, “We fully comply with all ADA requirements and believe that the legal claims are without merit,” Disney representatives also denied any such Magic List program existed.
Disney did get the case which was filed in California moved to highly favorable Florida as most of the instances in question occurred at facilities in the Sunshine State. More legal wrangling saw Conway decide in November 2014 that the big case would be divided into individual matters.
Judge Anne Conway ruled Thursday that Disney made sufficient accommodations. The plaintiff had the same opportunities to experience Walt Disney World as other visitors, she ruled. Judge Conway noted inconsistencies with the Plaintiff’s stories, she found that the ADA does not require exact accommodation, only accommodation that is equal to or better that of the regular public. The DAS, when used efficiently is better than the system regular guests use.
Disney won the case and the plaintiffs were made responsible to pay the defendants costs.
“The Clerk is directed to enter judgment providing that Plaintiff shall recover nothing on his claims and that Defendant shall recover costs from Plaintiff,” U.S. District Judge Anne Conway ordered on Thursday, granting Disney’s motion for summary judgment and closing plaintiffs A.L. and D.L.’s case.
But it isn’t over.
Aside from any appeals as part of moving the case Conway decide in November 2014 that the big case would be divided into individual matters. There are still dozens of cases pending explaining detailed instances of the “horrible experiences” they had at the company’s parks under the new DAS system.
The Florida Commission on Human Relations slammed Disney in early 2015 stating “There is reason to believe Respondent denied Complainant’s son the full enjoyment of the establishment because of a disability and a cause finding is recommended,” the civil rights division said in a determination from February last year and made public that March.
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