Disney Sued For Possible Violation Of Americans With Disabilities Act (ADA)

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Alright, so who does not love Disney. No one right with all the fun rides and themes. Unfortunately, for children with special needs in particular autism – Disney lines can be long and difficult for autistic children to tolerate including my son. Sadly, some whose children are healthy decided to ruin for all of us. More sadly, Disney decided to punish those with a disability rather than come up with a better plan that assured those in need of their Guest Assistance Card would only be able to get it. 

Instead they said – we will give your child a GAC and tell you to come back from one hour to three hours or more depending on the wait for that particular ride. Now, let’s think about this. What do we know about autism. If these kids could ask for something then wait for hours and not have a meltdown or an all out behavior, they would not be what? That is right …. autistic or have the core symptoms of autism. Can you imagine telling your autistic child who asked for a specific ride – let’s wait for couple of hours and we will be back for it. Americans With Disabilities Act clearly states public and private entities must make reasonable accommodations for people with disabilities based on their disability. And, if an autistic person’s disability is the inability to wait for hours then Disney clearly violated that Federal law. Have you even seen a lot of autistic children waiting in line at the grocery store peacefully. 
Personally, I called and wrote a previous post on this last year when Disney first announced this. When I spoke with their representative, she seemed clueless about autism or disability in general. I hoped other parents would do something about it which they did. Many autism families demonstrated in Disney parks and now some autism families are suing Disney. I hope Disney changes their new policy and even asks parents to bring a medical ID card indicating that child’s diagnoses and their disabilities to assure those that need the services get it.
Above my son at Disney before this new policy – no way in hell would he have waited for two hours and come back without a meltdown. Are you kidding me – I don’t even dream of those days.
Below is how Disability Scoop reported this lawsuit.

Disney Sued Over Disability Access Policy

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The mothers of 16 kids and young adults with developmental disabilities are suing Disney alleging that the company is failing to accommodate their children who cannot tolerate long wait times for theme-park rides like

The mothers of 16 kids and young adults with developmental disabilities are suing Disney alleging that the company is failing to accommodate their children who cannot tolerate long wait times for theme-park rides like “It’s a Small World.” (Christopher Reynolds/Los Angeles Times/MCT)

Disney is facing allegations of discrimination, with a lawsuit charging that modifications to the company’s policy for accommodating people with disabilities at its theme parks violate the Americans with Disabilities Act.

The lawsuit filed last week by mothers of 16 kids and young adults with developmental disabilities from across the nation accuses Walt Disney
Parks and Resorts of failing to accommodate their children’s special needs and of actively dissuading their presence at the company’s theme parks.

The move comes after Disney made sweeping changes to its policy for accommodating park visitors with disabilities last fall. For years, Disney had offered individuals with special needs a pass that often allowed them and their guests to skip to the front of long lines for park attractions.

Now, however, visitors to Walt Disney World and Disneyland can obtain a Disability Access Service Card which allows them to schedule a return time for rides based on current wait times. The system prevents those with disabilities from having to wait in line, but only allows visitors to schedule one attraction at a time.

Disney said the changes — which took effect in October — came after its existing system was “abused and exploited.” In their suit, however, the families allege that there was no abuse, but rather that the company wished to “cleanse its parks of what Disney views as the anti-Magic of such persons’ stimming, tics and meltdowns.”

The 180-page complaint filed in the U.S. District Court for the Central District of California details long waits and unhelpful interactions with employees at Disney parks. Moreover, the suit alleges that Disney won’t discuss accommodations with families until they have invested significant sums of money to arrive at a park.

In the suit, a mother known as M.B. alleges that she waited in line for an hour and a half to receive a Disability Access Card for her 6-year-old with autism who is referred to in court documents as A.B. Even though she offered park officials medical documentation about her child’s inability to tolerate waits, the mother says she was given no choice but to schedule a return time at “It’s a Small World” which A.B. wanted to ride repeatedly. After riding twice, A.B. faced another hour-and-fifteen-minute wait and entered a “full-fledged meltdown,” the lawsuit alleges.

In a separate case, the suit indicates that a mother known as L.C. tried to take her 7-year-old with autism, referred to as J.C., to Disney World several times since the new policy took effect. L.C. said her child has had multiple meltdowns after learning of wait times to ride “Peter Pan” and “Winnie the Pooh,” with J.C. falling to the ground or jumping up and down with arms spinning around. As a result, L.C. is no longer taking her child to Disney parks and does not plan to renew the family’s annual passes.

“Until recently, parents of developmentally disabled children universally adored Disney, because of the way Disney caringly accommodated their children,” said attorney Andy Dogali who is representing the families. “No reasonable mind could ever conclude, after investigating these facts and spending extensive time with these families, anything other than Disney willingly abandoned them.”

The lawsuit also alleges that Disney has a secret offering known as the “Magic List” whereby the company extends to select individuals five passes to gain immediate access to rides without even obtaining a Disability Access Card.

Above words do not represent any agency, committee or candidate.

Thanks!

Idil – Somali Autism Mom & Minority Advocate

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