Judge rules for Disney in disability lawsuit filed by mom of autistic son
A federal judge ruled in favor of Walt Disney Parks and Resorts in a case in which a mother of an adult man with autism sued Disney World alleging its Disabilities Access Service program violates the American with Disabilities Act because he could no longer bypass lines.
The family sought a permanent injunction requiring that the 27-year-old autistic male identified as A.L. be permitted unlimited access to Disney’s theme park attractions via FastPass lines, or similar relief through at least 10 “readmission passes, in order to accommodate his special needs.
Since Disney’s DAS policy went into effect in 2013, no longer allowing people with disabilities to go straight to the front of the line and instead provides a return time putting them in what is essence a “virtual line,” Disney has been fending off lawsuits claiming this is a discriminatory practice.
Nearly 60 families have sued the Disney Parks alleging the DAS violates the law protecting disabled people from discrimination. Disney has said the former system was ripe with abuse.
“Based on the foregoing, the Court concludes that A.L.’s proposed modification of ten readmission passes or unlimited access to the FastPass lines is not ‘necessary’ to accommodate A.L.’s preference to follow a route or a pre-set list of rides and the modification is not reasonable. Moreover, requiring the modification, based on the history of the former system, would lead to fraud and overuse, lengthen the wait times significantly for nondisabled guests, and fundamentally alter Disney’s business model,” U.S. District Judge Anne C. Conway of the United States District Court for the Middle District of Florida wrote in her June 22 decision.
A.L.’s mother, identified as D.L., said her son needed to follow a particular, predetermined route and ride certain attractions in a specific order each time he visited a Disney World theme park and needed to avoid wait times that exceed 15 to 20 minutes. Routine is instrumental in keeping [him] grounded, according to the court document.
When A.L.’s routines are disrupted he becomes anxious, gets louder with audible noises. If A.L. becomes overwhelmed his behavior leads to “meltdowns” which consist of outbursts and dropping to the floor, and D.L. will have to wait out his behavior, court records state.
Disney has argued that unlimited, near-immediate access to every ride at its parks is not required by the ADA or necessary for the characteristics inherent in A.L.’s disability. Disney contends that offering near-immediate access to all guests who state they cannot wait in the standard queue would lead to the kind of abuse that existed under the former disability-accommodation system, according to court records.
It would also increase the wait times for the vast majority of other guests waiting in “standby lines” without the same type of expedited access. Disney also argues, the majority of rides have waits of less than 20 minutes, and for those with longer waits, the FastPass+ system allows guests, with planning, to make three reservations each day for premium rides.
