DAS (Disability Access Service) is the program offered to qualifying guests with disabilities at both Walt Disney World and Disneyland to manage standard attraction queues. DAS is in the midst of a program overhaul to address a heightened rate of abuse the past few years which has resulted in stricter program qualifications.
We previously reported on these new changes to the DAS program along with Disney's response to the initial backlash and confusion as the language shifted to limit the number of qualifying guests. The aim of these changes are likely motivated by the long Lightning Lane return times which both DAS and Genie+ users are using.
The first day of these new changes went into effect at Walt Disney World on May 20th and we have seen SURPRISING new language added to the terms and conditions for those applying for DAS.
DAS New Terms & Condition to Prevent Lawsuits
Before guests can apply for DAS at Walt Disney World, they need to agree to the terms and conditions. These terms and conditions have always included a testament to honesty along with clarifying language on how the program works. But we noticed a NEW change to the language that specifically addressed the potential of future lawsuits. See the below screenshot taken from the DAS Walt Disney World registration page.
The notable addition to these terms and conditions is the agreement that states, “I agree that any lawsuit I may file, or participate in, challenging this decision, the individualized discussion, or the overall process itself, shall be conducted only on an individual basis and not as a plaintiff or class member in a purported class, consolidated or representative action or proceeding.”
This agreement follows the statement that reads, “I understand that after an individualized discussion regarding my personal circumstances I may be offered DAS, alternative accommodations, or no accommodation at all.”
This language is interesting to include as users applying for DAS must agree that they will not participate in any class action lawsuits and any lawsuits must be undertaken on an individual basis.
👉🏻Read more about our prior coverage on the new DAS changes.
Why Is Disney Worried About Class Action Lawsuits?
This language is trying to get ahead of the worry of class action lawsuits as a result of these new changes to DAS. Disney is no stranger to lawsuits as we've recently seen with the Magic Key lawsuit focused on the annual passholder program changes in California.
But when it comes to their disability accommodations, Disney has a long history of wrangling with lawsuits when they make changes to their programs. In fact, the last time Disney changed their disability services program in 2013 was to switch the program to what it is now from the prior GAC (Guest Assistance Card) program. This was in response to a large number of guests abusing the program including reports that disabled guests would act as tour guides for families, at a cost, to provide access to the program. The GAC program worked differently than DAS does now as it gave qualifying guests immediate front of the line access rather than a return time.
As a response of those changes in 2013, families with autistic children filed a lawsuit against the Walt Disney Company accusing the company of violating the Americans with Disabilities Act. After years of legal back and forth, the court ultimately ruled in favor of Disney that it was “unreasonable” for Disney to be required to grant front of line access to disabled guests rather than return times. This lawsuit also revealed the extent of the abuse that the GAC program as Disney shared data on the abuse itself and how it was negatively impacting standby times in attraction queues.
These legal battle lasted for years and this change to the terms is likely a premeditated response to avoid, to the best of their ability, similar scenarios. We will have to wait and see if there will be any new lawsuits that arise from these changes and if the language asking guests to agree to waive their right to participate in class action lawsuits in response to DAS criteria holds up.
👉🏻Read more about the accommodations Disney provides to guests with disabilities at Walt Disney World.
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