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Disney fights to keep autism lawsuits from going to trial

Butterfly88

Butterfly Queen
V.I.P Member
Disney fights to keep autism lawsuits from going to trial

Article text:

"Walt Disney Co. is fighting to stop trials for 30 lawsuits in which people with autism contend the parks didn’t accommodate their disabilities because they had to wait in line for rides.

Disney filed a petition this week asking for a rehearing following a court’s decision in August that ruled the plaintiffs’ complaints should be heard at trial, according to documents from the U.S. Court of Appeal’s 11th Circuit in Atlanta.

The lawsuits were filed after Disney revamped its system — which was ripe with “massive fraud and abuse,” Disney admitted in court documents — for people with disabilities in 2013.

Before, people were allowed to the front of the lines to ride attractions. The news media reported stories about rich families hiring a “tour guide’’ — someone with disabilities — to take advantage of the policy and skip the lines.

Now, Disney requires people to reserve rides and use special access cards.

But some parents complained the new policy doesn’t eliminate the ride waiting — which is especially hard for children with severe autism because they don’t understand the concept of time and are dependent on routine, riding attractions in a certain order to prevent a meltdown, plaintiffs have said.

In newly filed courts arguments, Disney argued people with autism can have meltdowns for a variety of reasons, such as loud noises, lights and crowd.

The court’s ruling “assumes that Disney somehow has the ability, let alone legal obligation, to prevent meltdowns with instant and unrestricted ride entry,” Disney said in court documents.

“To impose such a standard on Disney and — inevitably — the many other places customers have to wait — sports arenas, restaurants, grocery stores, malls, doctors’ offices, movie theatres, and other theme parks — is thus not only untenable but also incompatible with the way places of public accommodation have operated for decades,” Disney said.

Disney also argued the court ignored some of the plaintiffs who said they stood in line before without having any problems — such as an unnamed person who once waited 30 minutes to ride Epcot’s Test Track.

Disney also sought to limit the number of plaintiffs, saying at least seven did not have severe autism.

The plaintiff’s attorney could not be reached immediately.

The lawsuits have no merit and Disney complies with ADA regulations, a Disney spokeswoman said in a statement.

“Disney Parks have an unwavering commitment to providing an inclusive and accessible environment for all our guests,” the statement said."

My thoughts:

I mean I guess it is tough since people were abusing the system. A shame a few cheaters ruined a good system for everyone who really needs it. What does everyone else think?
 
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Is it truly feasible for any large-scale amusement park to have the logistical capability to satisfy instant gratification on the part of specifically challenged patrons that come under the ADA? Not likely.

And I suspect virtually all the plaintiff's legal counsel know this. That it's not a question of improving the parks to meet such perceived needs, but simply seeking "compensation" given Disney's "deep pockets". A tactic common in the world of litigation. Made more advantageous given the defendant's somewhat notorious reputation as an uber-aggressive corporate litigator both as a defendant and a plaintiff in the face of children who experienced meltdowns and whatever it cost their parents and family members emotionally, physically or financially.

Where the basic premise is to leverage Disney into writing them a very large check with a looming threat of a sympathetic civil jury if the suit goes to trial. Considering the courts already turned down their initial plea of citing the suits as groundless, it would seem Disney is in fact headed to court over a suit involving children. Small wonder they are appealing to the court again.

A worse-case scenario to most liability insurers, let alone corporate entities like Disney who are self-insured. Which may explain if or why they are truly willing to continue such litigation in court. Which most insurers would avoid like the plague. Though I'm assuming somebody out there is insuring and reinsuring Disney for excess limits which may come into play depending on whatever might be settled by a jury.

However just going to court would seem a public relations nightmare in itself for Disney. Another Wall Street corporation accustomed to quietly paying off claimants with NDAs behind closed doors.

Liability Self-Insurance - Conference Chronicles
 
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It saddens me, because the principle behind it is noble and worthy - it's humanity acting at it's best, but it inevitably gets spoiled by people acting like selfish animals, gaming the system either to cheat or to litigate.
 
I can understand that as a customer, they have the right to complain when their needs have not been met... but, a filing for a lawsuit is probably overkill. Submitting an ordinary complaint form is usually faster.
 
What matters here is what Disney highlighted: it sets a precedent. First it's rides at Disney parks, then it's things like shopping centers and any other instance in which someone would have to wait their turn. I doubt it would come to that, but a ruling in favor of the plaintiffs here would provide fertile ground for further lawsuits to prevent people with autism from having to wait.

Aaaaaaand that would not be a good thing. We're already the most hated and marginalized minority group in the civilized world. If privileges start coming about where autistic people (the ones who actually need it) no longer have to wait in line for anything, then buy stock in Gold Bond because there's going to be a whole lot of chapped asses about that one.
 
It's conceivable that such a corporation could potentially elect to simply shut down their domestic amusement parks based on unavoidable litigation exposures if they felt they had to. The most extreme option for sure, but still a possibility.

Their second most lucrative income source...however that's not presently factoring in litigants gaining unprecedented access to their deep pockets. Especially if they continue to diversify their holdings.

How The Walt Disney Company Makes Most of Its Money -- The Motley Fool

Basic admission costs are already over-the-top for many Americans. Almost to a point of life imitating art where rank-and-file fans may require a "coupon day" just to get in. Jurassic Park without the dinosaurs.
 
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