Melissa Donovan
A California woman has filed a lawsuit against Walt Disney Parks and Resorts, alleging that its Disability Access Service (DAS) policies discriminate against guests with physical disabilities. The legal complaint claims that Disney’s revised DAS criteria violate the Americans with Disabilities Act (ADA) and the Unruh Civil Rights Act by imposing restrictive eligibility requirements and infringing on guests’ privacy rights.
Background on DAS and Recent Changes
Disney’s DAS program is designed to accommodate guests who have difficulty waiting in traditional attraction queues. Rather than standing in line, approved guests receive a return time equivalent to the current standby wait and can spend the waiting period elsewhere in the park.
Last year, Disney revised DAS policies to clarify that the service is intended primarily for guests with developmental disabilities, such as autism, who are unable to tolerate extended waits in conventional queues. This adjustment led to the denial of DAS eligibility for some guests who previously qualified, including individuals with physical disabilities.
Details of the Lawsuit
The plaintiff, Trisha Malone of San Diego, asserts that Disney’s revised DAS policy unfairly excludes individuals with physical disabilities and violates their rights to equal access, privacy, and dignity. The lawsuit, filed in the Superior Court of California, County of Orange, also names Inspire Health Alliance, LLC, a healthcare provider contracted by Disney to screen DAS applicants.
According to the lawsuit, Malone was denied DAS despite her willingness to present medical evidence demonstrating her inability to endure extended queue times. Furthermore, the complaint alleges that Disney’s screening process forced guests to disclose sensitive medical information in non-private settings, potentially violating California’s Confidentiality of Medical Information Act and the Health Insurance Portability and Accountability Act (HIPAA).
Disney’s Response and Alternative Accommodations
Disney has dismissed the claims as “without merit,” stating that its DAS program and other accessibility offerings are designed to ensure a positive experience for all guests with disabilities. The company also emphasizes that DAS is just one of several accommodations available to guests with mobility impairments.
Other options include:
- Attraction Queue Re-entry or Meet-Up: Allows guests with mobility challenges to return to an attraction at a designated time.
- Rider Switch: Enables groups with a guest who cannot wait in line to take turns experiencing the ride without standing in line twice.
- Location Return Times: Available for guests using wheelchairs or other mobility devices in non-accessible queues.
- Additional Services: Disney also provides American Sign Language interpretation, braille guidebooks, handheld devices for vision or hearing impairments, and sensory guides for attractions.
The lawsuit said these options were inadequate.
Legal Implications and Potential Outcomes
The lawsuit seeks class-action certification for individuals with physical disabilities denied DAS access since Disney’s policy revision. It also calls for the removal of language limiting DAS eligibility to developmental disabilities and requests statutory damages and injunctive relief to prevent further discrimination and privacy violations.
If the court rules in favor of the plaintiff, Disney may be required to modify its DAS policies and provide broader accommodations for guests with physical disabilities. The case highlights ongoing discussions about accessibility in theme parks and the balance between inclusive guest experiences and operational feasibility.
As the lawsuit progresses, it could have significant implications for Disney’s accessibility policies and set a precedent for other theme parks to implement similar programs.
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