Here's the cut and paste from my Bloomberg system since I can't find it on a webpage anywhere. It's in a fairly understandable version of English instead of Legal at least.
Disney to Face Autism Discrimination Claims
- Disney DAS Card program for disabled guests doesn’t accommodate autistic guests, plaintiffs say
- Americans with Disabilities Act suit against Disney may proceed
By Bernie Pazanowski
(Bloomberg Law) --
Autistic customers may proceed with their discrimination suits against Disney theme parks, the U.S. Court of Appeals for the Eleventh Circuit said Aug. 17.
Walt Disney Parks and Resorts US Inc. shouldn’t have been granted summary judgment on claims it violates the Americans with Disabilities Act the way it handles the customers, the opinion by Judge Frank M. Hull said.
Disabled Disney guests may obtain DAS Cards, which allow them to schedule times for all rides, at the main entrance.
In 30 separate suits, autistic plaintiffs, who visited the parks using DAS Cards, claimed the cards didn’t accommodate their individual needs. Each plaintiff needed nearly immediate access to the rides in an individual, pre-set order to accommodate their impairments, they said.
Factual disputes about the behavioral features of plaintiffs’ impairments make it difficult to evaluate whether the DAS program provides them an experience like those of other guests, the appeals court said.
The plaintiffs presented evidence that its nearly impossible for autistic guests to wait for a ride in the over-stimulated parks given the severe nature of their disabilities. Their experts also testified that they have no concept of time, can’t defer gratification, can’t wait for rides, and must adhere to routine, the court said.
Prompt and pre-set access to rides may be necessary to prevent meltdowns and afford the plaintiffs equal enjoyment, and the DAS program may not address the issue, the court said.
Judges Kevin C. Newsome and C. Ashley Royal, sitting by designation, joined the opinion.
Dogali Law Group PA was among the firms representing the plaintiffs. McDermott Will & Emery LLP represented Disney.
The case is A.L. v. Walt Disney Parks & Resorts US, Inc, 2018 BL 295824, 11th Cir., No. 16-12647, 8/17/18.
