Disney Escapes Autism ADA Class Action Lawsuit

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

U.S. District Judge Manuel L. Real has dismissed a class action lawsuit alleging Disney failed to adequately accommodate children with autism as required under the Americans with Disabilities Act.

Lead plaintiffs, a mother and her child with autism, alleged in their class action complaint that Disney’s plan to accommodate children with disabilities at their amusement parks ends up causing the children distress. The plaintiff claimed it was distressing to her child to utilize the system that allows children with autism and their guardians to virtually hold a place in line.

According to Disney’s motion to dismiss, the plaintiffs were demanding reinstatement of the park’s former access program that allowed those with disabilities be allowed unlimited, on-demand access to attractions. Disney claimed that the former program was rife with abuse and the current program meets the requirements of the ADA.

Judge Real agreed to dismiss the class action, finding that similar claims had already been dismissed by a Florida federal judge.

“No matter how plaintiffs wish to construe their claims, it is clear to this court that the central basis for each of plaintiffs’ remaining common-law claims is that defendant’s existing disability program failed to accommodate the minor plaintiffs in violation of the ADA and Unruh Act,” Judge Real wrote. “As explained above, this issue was already resolved in defendant’s favor in the prior actions before the Florida court and collateral estoppel precludes plaintiffs from relitigating that issue here.”

The federal judge in the Florida class action dismissed the case reasoning that rather than failing to provide equal access to rides and attractions, the new program provides those with disabilities with better access to rides and attractions. Thus, ruled the Florida judge, the program does not violate the ADA’s equal access mandate.

Although the California class action was filed by the parents of children with autism, rather than the children themselves as in the Florida class action, Judge Real found that the claims were still precluded by the Florida ruling.

“While the [Florida court] decisions only addressed claims pertaining to the minor plaintiffs’ claims under the ADA and Unruh Act, the claims were brought by and through the plaintiff parents on the minor plaintiffs’ behalf — as such, the parent plaintiffs participated in and had control over the prior litigation addressed by the decision and should be equally bound by the Florida court’s decision,” noted Judge Real in this order.

Judge Real declined to rule on whether the plaintiffs could amend their complaint, noting that such requests “are more appropriately raised on a regularly noticed motion.”

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

The Disney Autism 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.