Disney’s DAS Disability Program Faces Class Action Lawsuit—Here’s Why

A new class action lawsuit has been filed against The Walt Disney Company.

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A new class action lawsuit specifically targets Walt Disney Parks and Resorts alongside Inspire Health Alliance concerning the changes made to Disney’s Disability Access Service (DAS). The lawsuit, titled Malone vs. Disney, has been filed in Orange County, California, and raises serious allegations of discrimination against individuals with certain disabilities. These claims suggest that the adjustments made to the DAS program have inadvertently compromised the rights of some of Disney’s most vulnerable visitors.

Disney’s DAS program has long been designed to assist guests with developmental disabilities, such as autism, by allowing them to enjoy theme parks without the stress and discomfort associated with traditional waiting lines. The lawsuit alleges that recent modifications to the system may create barriers instead of facilitating equal access, as guaranteed under relevant disability laws.

Changes to Disney’s DAS System

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Over the past year, Disney has initiated significant changes to its DAS system that have created a stir among visitors and advocates alike. The updates to the program are perceived as a tightening of eligibility criteria, introducing new requirements that guests must fulfill to qualify for DAS assistance.

One notable alteration involved narrowing the definition of the guests who can apply for DAS. Disney now specifies that only those with a “developmental disability like autism or similar disorder” can qualify. This decision was likely made in light of concerns regarding the rise in fraudulent claims affecting the service but has raised eyebrows over its potential to limit access for individuals with a broader range of disabilities.

Legal Standards and Implications

The class action lawsuit, found here, invokes key legal frameworks that safeguard the rights of individuals with disabilities, primarily the Americans with Disabilities Act (ADA). The ADA mandates that individuals with disabilities receive equal access and treatment in public spaces. It stipulates that public accommodations, like Disney, must make reasonable modifications to their policies to ensure equal opportunity for all visitors.

The lawsuit also references the California Unruh Civil Rights Act, which prohibits discrimination based on disability status. This legal perspective allows for the challenging of Disney’s new DAS criteria, suggesting that it potentially violates established rights for those requiring special accommodations.

Moreover, there are implications under the Health Insurance Portability and Accountability Act (HIPAA), as the new system requires certain health disclosures that could infringe upon privacy rights. The conflict between maintaining privacy while ensuring access raises critical questions about the handling of sensitive health information.

One of the pressing issues that guests have raised is the perceived unfairness in the new eligibility standards. Families who previously relied on DAS to navigate the parks are expressing feelings of exclusion and anxiety about their ability to enjoy their time at Disney. Advocates argue that many guests who may not fit the narrow eligibility criteria still require assistance and that the new measures hinder their ability to partake in the magical experience that Disney offers.

Furthermore, the discussion surrounding prior fraudulent claims highlights a delicate balance that Disney is trying to achieve. While cracking down on misuse of the DAS service is important, many argue that this should not come at the expense of those who genuinely need assistance. The tension between addressing legitimate concerns regarding fraud while ensuring equitable access for all guests remains a pivotal point in the ongoing conversation surrounding the lawsuit.

In summary, the class action lawsuit against Disney challenges the organization to reconsider and possibly revise its DAS program in favor of better access for all individuals with disabilities. As the case unfolds, guests, advocates, and Disney will all be watching closely to see how the situation develops and what changes may follow.