Disney sued by mother of autistic boy denied entry to Disney Store for not wearing a facemask

A Pennsylvania mother is suing the Walt Disney Company after her 7-year-old autistic son was denied entry to the Disney Store at the Lehigh Valley Mall because he was not wearing a facemask.

Shea Emanuael of Northampton, Pennsylvania decided after experimenting with different face coverings not to force her son to wear a mask in public because he would become very distraught. His face is very sensitive to the touch on his face, according to the lawsuit.

Emanual took her sons to the Lehigh Valley Mall in Whitehall Township last month as part of a birthday outing for the boy’s younger brother. According to the lawsuit filed in U.S. District Court in Allentown, she explained to the store manager her son was autistic, which prevents him from wearing a facemask. The Disney Store manager did not allow the boy into the store.

Pennsylvania at the time was under a statewide order requiring facemasks to be worn in public. The order contained an exception, stating people with medical conditions such as mental health conditions or disabilities which might prevent them from wearing a mask are excluded from the statewide mask order. There is no requirement to provide proof of a medical condition.

“The goal of the lawsuit is to educate Disney and other companies that as places open to the public they are required to make accommodations to people with disabilities, including in their COVID-19 safety policies,” according to Attorney William Mansour of Kitay Law Offices in Allentown.

The lawsuit claims Disney violated the Americans with Disabilities Act because the store is considered a public accommodation that must be accessible to those with disabilities. The suit also claims the Disney Store was not legally required to enforce the state’s face covering order because the autistic boy was exempt.

According to a statement from a Disney spokesperson: “Disney stores operate in accordance with the ADA, and we will respond to the plaintiff’s allegations in court at the appropriate time. We are always focused on the health and safety of our guests and employees, which is why we implemented a number of enhanced measures, including a face covering requirement, at our stores during this unprecedented time.”

The suit argues the boy could have been permitted inside the store because it was already limiting the number of customers permitted to shop due to COVID-19, thus reducing the chance he would encounter others.