Disneyland and Disney World previously announced significant changes to the Disability Access Service (DAS). Since the initial rollout of that change last May and June there has been pushback from former users of the service and continued changes to the service by Disney.
The key change to the pass was that stricter guidelines were introduced for who qualifies for the DAS pass. Now it is specifically listed as a focus for guests with developmental disabilities like autism though this may be shifting.
Some groups of guests who were impacted by these changes have come together to protest the changes to the pass. Now, there's been a new development.
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Disney’s Disability Access Service Faces Legal Challenge
Disney World Disability Access Service (DAS) and Disneyland’s Disability Access Service (DAS) are accommodations for guests with disabilities. The services allow guests to request return times for attractions rather than wait in the ride queues. Recent changes made by Disney meant to crack down on abuse have caused backlash from impacted guests and the new class action lawsuit filed today.
The class action suit Malone vs. Disney, filed in Orange County, California, alleges that these changes unfairly exclude individuals with physical disabilities and violate privacy laws.
The lawsuit, brought by plaintiff Trisha Malone and other guests, alleges that Disney’s updated DAS system “imposed arbitrary and discriminatory eligibility criteria, that required unnecessary public disclosures of sensitive medical information” and “systematically exclude individuals with physical disabilities, deny equitable access to Disney's attractions, and perpetuate discriminatory barriers that undermine the legal protections afforded to disabled individuals”. The complaint also states that Disney and its medical screening partner, Inspire Health Alliance, “required guests to publicly disclose specific medical PHI [personal health information] about their disabilities to receive the DAS accommodation” in violation of privacy laws.
READ MORE – Denied Disney Disability Pass After 6 Hr Wait & Lengthy Interrogation
The complaint outlines what we already know which is that guests now face far stricter rules when applying for DAS than they did a year ago. The lawsuit claims that the higher bar for approval leaves many disabled visitors without an alternative option to navigate the parks. The lawsuit specifically states that the other Disney options including Attraction Queue Re-Entry and Rider Switch impose “undue burdens, logistical challenges, emotional distress and safety risks”. You can read the full lawsuit here on Mickey Visit.
The lawsuit hopes to reverse this change and argues that Disney's new policy violates the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act. The complaint also challenges Disney’s requirement that DAS applicants sign a waiver preventing them from participating in legal action. That requirement is described as “deceptive unenforceable naked class action waiver” that aims to “falsely shield Disney from accountability for systemic discrimination and misconduct”. We reported on the inclusion of this class action lawsuit line in the DAS language previously.
How Does this Change DAS and Your Disney Visit Now?
There is no immediate change from this lawsuit though we will continue to monitor this situation closely. This could have implications on whether Disney loosens the guidelines on who is eligible for the service.
We have been predicting from the beginning that the new policy for DAS was an intense correction to reduce the use of the service by all guests and specifically to crack down on those who were abusing it. The change impacted many Disney theme park guests. We anticipate that the pendulum will swing back in some way especially since things like this lawsuit and the DAS Defender group continue to make lots of noise about the changes.
We will continue to cover each change to the DAS disability pass very closely and share updates here. Be sure to join our newsletter to get the latest.
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My wife was seriously injured in a line at Disney World in November and may lose her foot as a direct result of this callous decision by Disney. Crushed foot resulting in lack of blood flow. She’s been in and out of the hospital and had multiple surgeries. Disney refused any accommodations and couldn’t even be bothered to log the injury in park.
Just go to a verification system. Not where you simply fill out a form, but the form and other sorts are verified. Why? Because it would weed out those who are cheating the system, and we see it a lot with those large covered wagons for so-called “disabled” children. We also see a lot of healthy people on scooters with no mobility issues it all.
So long as things are not verified, an honesty based system doesn’t work for dishonest people who want to game systems.
Maybe Disney should give up accommodating any invisible disabilities. If a person can’t stand for extended periods or walk for extended periods an amusement park probably is the best place for them to visit. Disney went too far accommodating everyone and tried to pull back now they’re in this mess. Disney might consider limiting motorized scooters for anyone other than those who need them strictly for mobility. The parks are overrun with those scooters being used by people who just prefer to ride rather than walk.