Over GAC -> DAS and treatment of guests needing accommodations.
http://www.dogalilaw.com/disney-autism-ada-lawsuit.html
http://www.dogalilaw.com/disney-autism-ada-lawsuit.html
Over GAC -> DAS and treatment of guests needing accommodations.
http://www.dogalilaw.com/disney-autism-ada-lawsuit.html
Disney refuses to tell disabled persons anything about the accommodations which will be provided to them until they arrive at the resort, which deters families with disabled or autistic children from risking the investment of traveling all the way to the parks.
No widespread problem of abuse? So I guess those stories of people hiring themselves out as "tour guides" because they used a wheelchair were completely made up? Same thing with the teenagers that would rent a wheelchair and take turns being pushed around in it because they knew they'd get front of the line access? Hate to break it to these people, but the ones that services are intended for are typically not the ones that abuse them ... it's the people that the services aren't even for that abuse them. Without having some way to "prove" that you're disabled (which asking is against the ADA), Disney can't restrict the service to only the people that "need" it, so they made it unattractive to people that don't need it. Will people still game the system because they think they're getting some great benefit? Yes. But there will be a lot fewer of them once word spreads.There was no widespread problem of abuse of the prior system for guests with disabilities. If any abuse really occurred, it was not committed by persons with cognitive impairments. There is no reason to make children and young adults with developmental disabilities collateral damage by withdrawing necessary accommodations.
I posted this as an FYI with no judgement. A lawsuit was only a matter of time. I am very disappointed in the wording of the complaint (I have not read the entire 176 page document) for the reasons you all state above. However, only 16 families came forth for the class-action, so it reflects their needs and experiences, not those of the overall population who needed the accommodations of the GAC.
iWe had the GAC last summer at DL and it was not front of the line access. My daughter ended up having a meltdown anyway because the people mover had been removed. We took her back to the hotel for the rest of the day so she learns she cannot just have a tantrum. It happens no matter how hard anyone tries and it would never cross my mind to sue anyone.
However:
They've pleaded sufficient factual information in that rambling complaint which would, if proved, form the basis of a valid claim under the ADA.
Sixteen is a significant number of representative plaintiffs in a proposed class action, if they're able to show that their experience is similar to all families with similar disabilities.
While I don't think they can win this suit, I don't think they'll get laughed out of court either.
Should be interesting to watch.
What factual information did they provide? After reading it, all I was able to pick up on was that their children had meltdowns because they were not able to wait.
It was my understanding that the ADA provided equal access not more. The DAS provides equal access. In fact, with the DAS and FP+ couldn't one argue they actually have more access to the park than the rest of us?
And 16 people is a large number, but a handful of them have not been to the parks since the DAS was implemented and a few more left the park after only one ride because they "foresaw a meltdown". It seems like only about 8 of the 16 would have a valid point.
Also, what are the ramifications for those named in the lawsuit. Could Disney ban them or prevent them from coming back while the suit is going on?