Class-Action Lawsuit against Disney Parks filed - CORRECTION: not class-action

[aaarcher86]

I really want this lawsuit to go all the way and for Disney to win. Settling out of court will just encourage others to sue. Disney should stand firm to let people know they can't be pushed around. They have done nothing wrong.

I think they'll hold out like they did with the Segway suit. But I also agree with an above poster that these people are becoming the very people they complain about... They're going to cause Disney to tighten up even further and the people it benefits lose out.

 

[Aladora]

That actually had nothing to do with the change and I hope you realize how ridiculous that sounds.

Actually, if you bothered to read the numbers I posted or read any number of statements you would see that it was not the abuse of the GAC but instead the use of it that drove the change. The GAC was just not sustainable in the way it was implemented. Now, it is likely that the GAC was not meant to be handled in the way it ended up, but that is irrelevant. The facts are that such a large number of people either did qualify for the GAC or claimed they qualified for it that it was unsustainable.

So, I post the rest with the blanket statement that it does not apply to Make A Wish kids. In my opinion, those kids and their families deserve to be lead through whatever park they pick by Mickey himself and taken to the front of every single line they want.

So not the other terminally ill kids who aren't MAW kids? You're practicing politically correct hypocrisy..

Since it seems you might have an issue with skimming over what people post instead of reading in depth, I will echo another response to this absurd claim.

In order to go on a MAW trip, there has to be medical proof. I cannot just call MAW and say that my child is dying so has to go to Disney, I have to be able to back it up with facts. Getting a DAS does not require anything more than me going up and telling a CM about what my son needs in order to make Disneyland accessible to him.

MAW trips give the children better access than the average guest, which is why they can and do ask for medical proof of a need. The DAS is designed to give equal access which is why Disney cannot.

Therein lies the difference.

And finally, I want to know where the lawsuits against other amusement parks are. I cannot speak for every other park but I know that many of them have very similar systems to the Disney DAS. In fact, tell me if this sounds familiar:

1. Rides with lines – Guests will obtain a boarding or “ride” time on the Boarding Pass that is equal to the anticipated wait time for a particular ride from the ride employee at the Alternate Access Entrance. Guests can then choose to rest comfortably away from the queue area or enjoy another ride that does not have a line, visit a shop, see a show or play a game until their boarding time.

2. Rides with no lines – Guests may ride at any time via the Alternate Access Entrance (usually the exit) and be seated on one of the next available cycles.

Here’s How it Works:

The guest with a mobility impairment or ASD should visit Guest Services upon his/her arrival at the park to express his/her inability to wait in the regular line. Some questions are asked to ensure that the rider has the required physical criteria in order to safely experience rides, and a Boarding Pass is issued for the guest in question and up to 3 riding companions.

In addition to a Boarding Pass, the guest with a mobility impairment or ASD will receive a “Rider Access Sheet” that has the rides that the guest with a disability can safely enjoy.

For rides that do not have lines, the Guest and his/her party simply takes the Rider Access Sheet with them through the ride’s Alternate Access Entrance and they will be boarded on the next available cycle.

For rides that do have lines, the Boarding Pass will be required. The rider (or a member of their party) obtains a boarding time from the ride employee at the Alternate Access Entrance, equivalent to the length of the ride line. The rider is able to ride other rides that do not have lines while waiting for the boarding or “ride” time issued on the Boarding Pass.

The guest listed on the Boarding Pass must be present as a rider when a Boarding Pass is being utilized.

Guests may not accumulate more than one boarding time at a time.

Sound familiar? It's from a non-Disney amusement park we are taking our son to this summer.

 

[cjbcam]

I hope Disney does not settle and I hope they win.

 

[A Mickeyfan]

Actually I don't agree I have read the posts and not all of the people have a child or themselves have a disability,

all that I have read did but it's possible I missed some. I have low vision and used a GAC and I think the wording in this suit is crazy. Sorry but to state breach of contact because a pleasurable experience wasn't provided? Since when did Disney guarantee that all will have a pleasurable experience? some are stating their child doesn't understand the concept of having to return? What happened prior times when the ride was down. For as many times as these parents stated they have gone I'm sure they have encountered a down ride . They say they must have immediate access, don't they have to drive to get to the parks, don't they have to take the Disney transportation to get to actual Magic Kingdom? If they wanted a substantial suit, they need to show how Disney is not in compliance with the ADA

 

[A Mickeyfan]

Reductio ad absurdum doesn't really work in the ADA context where the basic criteria is reasonableness.

So some vets don't suffer from PTSD? They don't have flashbacks from the sound of fireworks? I didn't know the ADA covered an autistic child to the point of not being able to browse in a store or eat a snack? we are on the same wave length here possibly

 

[2tinkerbell]

I may be off base here, but, I do have a couple of thoughts.

Suing Disney because they failed to offer a pleasurable experience is pretty subjective. I think that we had a great trip and our experience with the DAS was positive. The alternative place to wait worked perfect for my DD. Also, the FP lines are back to being what Disney intended for them to be instead of long lines of people using the GAC. Oh a scale from 1 to 10, 10 being the most pleasurable experience ever, I would say our trip was a clear 9.5. It could have been better if I wasn't tired and sore from running a 1/2 marathon. But, someone could say that our experience wasn't as pleasurable as someone else's. I guess I didn't realize that Disney contracted with me to offer me a pleasurable experience.

I also thought that to be a part of a class action suit, one had to utilize the product. For example, I couldn't be a part of a certain hip replacement hardware suit because I don't have a hip replacement and therefore do have that kind of hardware in my body. I can't say that because this type of hardware could be used if and when I needed a hip replacement and that I might have complications from this type of hardware, please include me in the class action lawsuit.

If taking ones child to WDW or Disneyland causes you so much "emotional distress" or causes your child "emotional distress" why would one continue to go to the Parks?

I think the list of 16 individuals could easily be dwindled down to almost nothing if the ones who have never utilized the DAS, the ones who are clearly lying, and those on the list who continue to go to the Parks are removed from the lawsuit.

I have gone to stop reading this because it just angers me. I too, hope this lawsuit doesn't ruin it for those of us who have used the DAS and it worked. Now, where is my $ from Disney that they claim we are getting?

 

[SueM in MN]

But families with an infant must always do it that way if they choose to go on attractions? Just saying

I think you misunderstood what I wrote. The poster I was replying to suggested people using DAS should be forced to split up, with the DAS user and 1 or 2 others using the DAS while the rest of their party went thru the regular line.
I said that would be unfair because other guests are not required to split up.

Infants can go on many attractions. For those, they can go in line with their family.
The only lines they can't go in with their family are the rides they are too small to ride. And, infants will eventually grow up and most will end up able to go on those attractions with their families.

a lot of people are very angry because disney overreacted when people abused the system and made handicapped people pay for a few that abused the system you will always get that everywhere i have never posted before
and had to sign up just to post i have read these posts for many years and never commented but this hatred of people with disabilities is unfounded who cares if people with disabilities go on ahead of you

Disney had been working on changes to/a replacement for the GAC (Guest Assistance Card) for years. The lawsuit says 4 years.
The system Disney changed to is very similar to the system used by other amusement/theme parks. A few posts back, Aladora posted the system used by another park.
So, a change to be in line with what other similar places are doing, not an over-reaction.
And, the reason was overuse more than abuse.

Maybe not all, but many of the people posting on this thread are themselves disabled or have a disabled child. It is not hatred of disabilities to say 'I have tried the DAS and feel it is reasonable accommodation.'

So some vets don't suffer from PTSD? They don't have flashbacks from the sound of fireworks? I didn't know the ADA covered an autistic child to the point of not being able to browse in a store or eat a snack? we are on the same wave length here possibly

Yes, you are.
He is saying that just because someone can't personally tolerate something doesn't mean the ADA can be used to abolish it and deprive other people from enjoying it.

 

[Allison]

I don't think this is a class action. The title needs corrected.

 

[SueM in MN]

I don't think this is a class action. The title needs corrected.

I think you are correct.
I believe it is just a lawsuit by 16 people at this point.

 

[DisneyLover1217]

I am glad that Disney doesn't have this attitude. Their willingness to make WDW magical for all families is why it has become such popular destination for families with medical and other needs. I think the lawsuit is a bit "out there" but the general thought families like mine should just not go, is not the answer either. Disney is constantly fine tuning things because they know that children with disabilities were not the abusers of the old system. They are seeking feedback from families like mine because they know we are not asking for the moon. If my child does 3 rides all day, we consider it a good day. If Disney policies allow us to do it with minimal wait in the morning, it should not bother anyone. We are back to the hotel before many even arrive at the parks.

I was talking about the people who say their kids and themselves are now having a terrible time at Disney and their magic is gone, yet continue to go. You seem to roll with the punches which I think is great. You also go in the morning knowing it will be easier. my comment was really directed at the people in the lawsuit who are making these claims. They feel that whenever they manage to get to the parks even if it's 3 pm on Christmas Day, they should be able to ride whatever however many times they want since they can only be there 3 hours.

 

[DisneyLover1217]

Nobody is disabled by choice. I guess you think the Make A Wish kids should have to wait in line too. If a special needs kid can only spend 3 hours in the park, why not let him or her ride a bunch of rides? It'll make a big difference to that child and his or her family. The family is making countless sacrifices throughout the year that I cannot even imagine. In the grand scheme of things is it a problem to let them go to the front of the line? Not to me...

You would be guessing wrong. This thread isn't about MAW kids, but since you bring it up, I have no problem with them getting FOTL since they they don't have many tomorrows. Many of the people in this lawsuit are AP holders and go countless times a year. As far as letting them in front of me if it just was one family like you say I'd gladly do it, hell I'd do it if it was just 10 families, but it's not one or 10, it's thousands. If you bothered to read that article Sue posted you would see that. If you have no problem letting a thousand families in front of you every day on your vacation then you're a better person than me. Just because your kids aren't disabled doesn't mean they don't deserve to have fun on vacation. There are a lot of kids who never go or only go once in their lifetime, remember the people in this lawsuit go several times a year.

 

[2tinkerbell]

Sorry I didn't understand the class action issue. Take away my hip replacement example. Still if you haven't experienced using the DAS, then I don't think that it would hold in court.

BTW - we didn't get any, not one, zip, zero, of the re-ads or special FP during our trip. Didn't need them. Personally I am glad they did give DD any. It would have added another level of access that isn't necessary and made the system too much like the GAC that was unsustainable.

 

[DVCJones]

You would be guessing wrong. This thread isn't about MAW kids, but since you bring it up, I have no problem with them getting FOTL since they they don't have many tomorrows. Many of the people in this lawsuit are AP holders and go countless times a year. As far as letting them in front of me if it just was one family like you say I'd gladly do it, hell I'd do it if it was just 10 families, but it's not one or 10, it's thousands. If you bothered to read that article Sue posted you would see that. If you have no problem letting a thousand families in front of you every day on your vacation then you're a better person than me. Just because your kids aren't disabled doesn't mean they don't deserve to have fun on vacation. There are a lot of kids who never go or only go once in their lifetime, remember the people in this lawsuit go several times a year.

Actually, MAW kids are not always terminal. (Thankfully) We were approached by MAW when my DD was being treated for cancer. Thankfully she had a good prognosis and survived. At that time we declined a MAW trip for two reasons. One, Like you, we believed that it was for kids who did not have many tomorrows. It was explained to us that it was for any child who has had to suffer life threatening illness. Not just the terminally ill. Which we thought was nice, but we still declined. At the time we were just so happy our DD was going to make it, and that relatively speaking, was one of the 'lucky ones'. And two, we could afford to take her our selves and thought the funding could be used for less fortunate and sicker children. Which brings us to today. While my DD did survive her childhood cancer, it left her with secondary medical conditions that a GAC/DAS does help her/us enjoy WDW as a family.

Some MAW kids visit without the help of The MAW foundation.

 

[Michigan]

Wondering how many people involved in the lawsuit were those taking money to be "tour" guides? Now that they have lost their bankroll they are trying to get it back.

One of my neighbors that works at Disney said she saw more then once where someone would walk up to someone with a GAC and offer them cash to be allowed to join their party during high volume times.

 

[SueM in MN]

Actually, MAW kids are not always terminal. (Thankfully) We were approached by MAW when my DD was being treated for cancer. Thankfully she had a good prognosis and survived. At that time we declined a MAW trip for two reasons. One, Like you, we believed that it was for kids who did not have many tomorrows. It was explained to us that it was for any child who has had to suffer life threatening illness. Not just the terminally ill. Which we thought was nice, but we still declined. At the time we were just so happy our DD was going to make it, and that relatively speaking, was one of the 'lucky ones'. And two, we could afford to take her our selves and thought the funding could be used for less fortunate and sicker children. Which brings us to today. While my DD did survive her childhood cancer, it left her with secondary medical conditions that a GAC/DAS does help her/us enjoy WDW as a family.

Some MAW kids visit without the help of The MAW foundation.

At one point, MAW was for terminally ill children only.
But, with advances in treatment of many of the childhood illnesses, many of them - specifically childhood leukemias and other cancers - are not the death sentence they once were.
When more children were surviving the illnesses that had previously been terminal, it makes sense for MAW to be for life-threatening and terminal illnesses.

MAW (Make a Wish) is only one of the organizations that provide Wish-type trips.

 

[AddictedtoDoleWhip]

I am pretty sure Disney is going to win this suit as they give accessibility and even beyond that. And I also love the people who complain that the system won't work for their child even though they haven't even tested it yet, they just want to make money off of it I am sure. Also there are people that go that say it doesn't work for their family and their kid keeps having meltdowns yet they keep going. This lawsuit is ridiculous.

And whoever brought MAW kids into this that was ridiculous and should not be compared.

 

[Aristomommy]

Actually, MAW kids are not always terminal. (Thankfully) We were approached by MAW when my DD was being treated for cancer. Thankfully she had a good prognosis and survived. At that time we declined a MAW trip for two reasons. One, Like you, we believed that it was for kids who did not have many tomorrows. It was explained to us that it was for any child who has had to suffer life threatening illness. Not just the terminally ill. Which we thought was nice, but we still declined. At the time we were just so happy our DD was going to make it, and that relatively speaking, was one of the 'lucky ones'. And two, we could afford to take her our selves and thought the funding could be used for less fortunate and sicker children. Which brings us to today. While my DD did survive her childhood cancer, it left her with secondary medical conditions that a GAC/DAS does help her/us enjoy WDW as a family. Some MAW kids visit without the help of The MAW foundation.

We are also chosen for a MAW with our daughter. Our trip this summer is our family vacation and we are paying for it, but her condition does not change if it was MAW or not. We may choose To do WDW as her wish trip next year or we may choose to do something else. I know many here view MAW kids differently, but many kids using DAS are also potential MAW kids. Just wanted to agree with the quote above

 

[OurBigTrip]

We are also chosen for a MAW with our daughter. Our trip this summer is our family vacation and we are paying for it, but her condition does not change if it was MAW or not. We may choose To do WDW as her wish trip next year or we may choose to do something else. I know many here view MAW kids differently, but many kids using DAS are also potential MAW kids. Just wanted to agree with the quote above

Agreed - some kids using DAS are potentially MAW kids. But until they actually are MAW kids, via the MAW vetting process, they shouldn't receive the same benefits as MAW kids, IMO.

 

[Disfanx4]

I think a lot of ppl who haven't used DAC whether you could or not should t be making comments at all! A typical day goes like this RIGHT NOW -approach a ride get a return time walk your child/children around until time on card, approach ride and wait for an addition time for your ride, others situation as follows get you FP+ time before you enter park arrive at ride at time of FP+ and get in line to wait to ride! see the difference a DAC right now is making them wait twice, yes they could do other things granted but everyone is talking about equal assess this is not equal.

 

[SirDuff]

I think a lot of ppl who haven't used DAC whether you could or not should t be making comments at all! A typical day goes like this RIGHT NOW -approach a ride get a return time walk your child/children around until time on card, approach ride and wait for an addition time for your ride, others situation as follows get you FP+ time before you enter park arrive at ride at time of FP+ and get in line to wait to ride! see the difference a DAC right now is making them wait twice, yes they could do other things granted but everyone is talking about equal assess this is not equal.

But people using the DAS (which includes my family on our upcoming trip) can use the FP+ in addition to the DAS. So, we will do the "others situation" exactly like everyone else. Additionally, we will be able to use the DAS as you described - though I don't see it as waiting twice, since (a) there is time subtracted from our wait time to account for it and (b) we plan on having a runner going to get the time stamped on the DAS, to avoid problems. Plus, we can ride some of the shorter wait time rides or have our snacks (we love WDW snacks!) while waiting for our time.

Sure, not as great as when we used the GAC as an unlimited FP, but still means a lot less waiting in line than those not using a DAS - which is exactly what we need.