Six Flags class action lawsuit overview:
- Who: A disabled veteran filed a class action lawsuit against Six Flags Entertainment Corp. and Magic Mountain LLC.
- Why: The veteran argues Six Flags violated the Americans with Disabilities Act by allegedly requiring its disabled guests to take extra steps prior to attending its theme parks or water parks.
- Where: The class action lawsuit was filed in California federal court.
Six Flags violates the Americans with Disabilities Act (ADA) by requiring its disabled guests to register with an outside company and obtain a card prior to attending one of its theme parks or water parks, a new class action lawsuit alleges.
A disabled military veteran claims the extra steps that disabled guests allegedly must take to attend a Six Flags theme park means their experience is not the same as that of a non-disabled person.
The veteran argues disabled guests are required by Six Flags to register online with a company called the International Board of Credentialing and Continuing Education Standards (IBCCES) and obtain an Individual Accessibility Card at least 48 hours prior to attending the theme park.
“Because disabled persons must gather the necessary medical documentation and submit it with their application on the IBCCES website prior to their Park visit, persons with disabilities do not have that same luxury afforded to nondisabled persons,” the Six Flags class action states.
The veteran wants to represent a nationwide class and California subclass of individuals with an ADA-qualifying disability who have had to submit an IBCCES application for accommodation in connection with a planned visit to a Six Flag amusement and/or water park.
Six Flags failed to ensure equal access to disabled guests, says class action
The veteran argues Six Flags is also violating the ADA by allegedly requiring disabled guests to disclose sensitive personal information and provide private medical documentation when filling out their accommodation request.
Six Flags has ultimately “failed to implement policies, procedures and practices respecting the civil rights and needs of disabled individuals,” the Six Flags class action alleges.
“Instead of ensuring access, Defendants’ disability access policy has prevented disabled persons from exercising their rights to meaningfully access, enjoy, and participate in society just as non-disabled persons,” the Six Flags class action states.
In addition to allegedly violating the ADA, the veteran claims Six Flags is guilty of violating the California Disabled Persons Act and California’s Unruh Civil Rights Act.
The plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of actual, compensatory, statutory and/or punitive damages for himself and all class members.
In past news involving Six Flags, the amusement park corporation agreed to pay $36 million in 2021 to resolve claims it violated biometric privacy law in Illinois by requiring guests to use a fingerprint scanner when entering its Six Flags Great America park in Gurnee, Illinois.
Have you had to fill out an accommodation request prior to attending a Six Flags theme park? Let us know in the comments.
The plaintiff is represented by Julia K. Venditti and Neal J. Deckant of Bursor & Fisher, P.A.
The Six Flags class action lawsuit is I.L., et al. v. Six Flags Entertainment Corp., et al., Case No. 1:23-at-01058, in the U.S. District Court for the Eastern District of California.
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