Gabrielle Russon
A California woman is challenging Disney’s theme park services for people with disabilities in a new lawsuit seeking class action status.
Trisha Malone of San Diego accused Disney of not providing equal access to people with physical disabilities to help them skip standing in line at Disneyland and California Adventure. The Orange County, California, lawsuit alleged that Disney screens out those with physical disabilities and instead prioritizes helping people with autism, epilepsy and other developmental disabilities.
“Disney must provide an equal opportunity for all individuals whose disabilities prevent them from using conventional queues, regardless of whether their disabilities are developmental, physical, or otherwise. The restriction is arbitrary, discriminatory,” she said in her lawsuit seeking punitive damages, attorneys fees and other damages.
Malone’s lawsuit also claimed Disney’s new policy violates medical privacy laws because she overheard other people’s conversations when she talked to Disney about her health.
When reached for comment Tuesday, Disneyland argued the lawsuit has no merit.
“Disney is committed to providing a great experience for all who visit our theme parks, and particularly our guests with disabilities who may require special accommodations,” Disney said in a statement. “Disney offers a broad range of effective disability accommodations and has worked extensively with experts to ensure that our guests’ individual needs are properly matched with the accommodation they require.”
No lawsuits appear to have been filed in Florida.
Last year, Disneyland and Disney World rolled out a Disability Access Service (DAS) that requires people to talk with Disney in a virtual chat about their upcoming trips and needs before Disney gives them a DAS card. The card allows them to get scheduled ride times so they don’t have to physically stand in line. Disney changed the system after the company said people were taking advantage of the policy to skip lines for free.
Malone accused Disney’ DAS of violating federal medical privacy rules and California laws when she spoke to a Disney cast member and a nurse.
“These conversations occurred in a public setting where other Disney cast members, and nearby guests could overhear disclosures about medical conditions,” her lawsuit said. “Specifically, Ms. Malone and other aggrieved guests disclosed the nature of their disabilities, their symptoms, and how these conditions impacted their ability to wait in line. These discussions involved sensitive medical details and were conducted without regard for privacy.”
Disney ultimately rejected Malone’s request for a DAS card, according to her complaint, which does not detail Malone’s disabilities.
“By explicitly limiting DAS accommodations to guests with developmental disabilities who are ‘unable to wait in a conventional queue for an extended period of time,’ Disney unlawfully screened out individuals with physical disabilities, such as Plaintiffs Ms. Malone and other physically disabled guests that similarly prevented them from standing or waiting in long lines,” the lawsuit said
Malone also accused the DAS terms and conditions of being “coercive” by preventing people from suing Disney in a class action, which is what she is trying to do.
“California’s Public policy prohibits businesses from creating additional barriers for individuals with disabilities to access services. This deceptive unenforceable naked class action waiver disproportionately impacts disabled guests, who are more likely to rely on collective actions to challenge discriminatory practices,” the lawsuit said.
