Disney Urges Judge to End Autism ADA Class Action Lawsuit

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Walt Disney Parks and Resorts US Inc. urged a California federal judge to grant its motion for summary judgment and put an end to a class action lawsuit accusing it of violating the Americans with Disabilities Act by failing to provide adequate accommodations for guests with autism.

The Disney ADA class action lawsuit was filed by a mother and her autistic child, referred to only as “T.P.”

They claim Disney’s Disability Access Service (DAS) fails to comply with the ADA and causes autistic children emotional distress.

Disney’s DAS allows guests with cognitive disabilities, including autism, to hold a virtual place in line while giving them the opportunity to visit other attractions.

This service is designed to provide guests with cognitive disabilities the ability to enjoy many Disney attractions without much of a wait time.

“Plaintiffs assert a myriad of claims premised on allegedly not receiving the equal access to a public accommodation for persons with disabilities to which they were entitled – but plaintiffs were never excluded from or denied access to anything during their visits to Disneyland Resort,” Disney argues in its memo supporting its motion for summary judgment.

Disney argues that the plaintiffs are asserting claims under the ADA, but that “it is clear that what plaintiffs really want is for Disney to accommodate T.P.’s personal preference for instant and unrestricted access to the rides of his choice – regardless of how popular the rides are or how long other guests (including others with disabilities) have to wait in line.”

Disney asserts that the plaintiffs have provided no evidence that T.P. was prevented from accessing the rides at Disneyland, and that they have enjoyed visiting Disneyland more than a dozen times since the DAS was implemented. According to Disney, T.P. was able to access as many as 17 rides and attractions in one day.

“What plaintiffs are actually seeking to achieve is not ‘access’ – which they already had – but rather fulfillment of their subjective desire to experience all their favorite rides, without having to wait anywhere at any time,” Disney says.

The plaintiffs are allegedly seeking the reinstatement of a program similar to Disney’s former Guest Assistance Card program, which allowed guests with disabilities and their families unlimited, on-demand access to rides and attractions without requiring them to wait in the regular lines.

Disney says that this program was subject to fraud and abuse to the extent that it became an “unlimited front-of-the-line pass” for anyone who simply asserted a need for it.

Due to the rampant fraud associated with the GAC program, Disney replaced it with the DAS starting on Oct. 9, 2013.

Disney maintains that its DAS program is fully compliant with the ADA and that the plaintiffs are not seeking “reasonable accommodation” under the law.

The company argues that the plaintiffs have failed to establish an ADA violation and that their class action lawsuit should not be allowed to proceed.

Disney urged the judge to grant summary judgment in its favor, putting an end to the ADA class action lawsuit.

The plaintiffs are represented by Andy Dogali of the Dogali Law Group PA and Eugene Feldman of Arias Sanguinetti Stahle & Torrijos LLP.

The Disney ADA Class Action Lawsuit is T.P., et al. v. Walt Disney Parks and Resorts US Inc., Case No. 2:15-cv-05346, in the U.S. District Court for the Central District of California.

UPDATE: On April 11, 2017, a federal judge dismissed a class action lawsuit alleging Disney failed to adequately accommodate children with autism as required under the Americans with Disabilities Act.