Disney wins 45 more autism lawsuits, but appeals are filed
An Orlando federal judge has decided in Disney’s favor regarding 45 more lawsuits over access to theme-park rides and attractions for disabled people, but the lawyer handling them is already appealing to a higher court.
U.S. District Judge Anne Conway ruled in dozens of cases now that Disney made sufficient accommodations for people with autism. The plaintiff had the same opportunities to experience Walt Disney World as other visitors, she ruled in summary judgments, without a trial.
But attorney Andy Dogali of Tampa, in an appeal filed with the U.S. Court of Appeals, isn’t backing down. His appeal blasts Conway’s ruling and says he has shown “extensive evidence that Disney intentionally discriminated … deceptive manipulation of disabled guests, concealment of fraudulent wait times, concealment of discrimination through deliberate ruses and covers.”
Dogali represents plaintiffs in the cases, many of them children who are only identified by their initials. He alleges in his appeal that Conway favored Disney on issues of fact that should have been subject to trial.
In the appeal, Dogali also argues that Disney’s upper-level executives, who have said they weren’t involved in developing the program, were directly involved. He previously tried to depose former Disney COO Tom Skaggs, but Disney objected, saying Skaggs had “no unique personal knowledge” of the program.
Dogali has filed dozens of lawsuits on behalf of disabled people or their families, alleging that Walt Disney Parks and Resorts discriminated against people with autism when the company changed its policies in 2013. The first ruling in his cases came in April, and Disney won dozens more recently.
Dogali first tried to sue Disney in a class action lawsuit, but that tactic was cut off when a judge ruled the plaintiffs’ situations were too different.
Disney says, through spokespeople: “Disney Parks have an unwavering commitment to providing an inclusive and accessible environment for all our guests, and we fully comply with all ADA requirements.”
In 2013, Disney ended its previous program, the Guest Assistance Card, because the older program was abused by wealthy people who hired guests with disabilities to take them to the front of a line. The new program, called Disability Access Service, no longer allowed disabled people to skip waiting, but it allowed them to make a reservation in advance to wait for short periods, similar to Disney’s FastPass system.
The lawsuits allege that children with autism or other cognitive disabilities don’t have the patience required to wait for a certain ride — even if they are not waiting in line. Those lawsuits cite “meltdown behaviors” that sometimes force children and their parents to leave the parks.
The appeal filed by Dogali references the plaintiff by the initials A.L., who was 22 years old when the DAS program started, and his mother D.L.
The appeal has a lot more detail about A.L., including that his mother can’t control him, partly because he is 6 foot 6 inches tall and weighs 300 pounds.
According to the appeal, the mother has said that “A.L. and similarly-situated autistic persons cannot browse; they cannot impulsively enjoy substitute experiences; they cannot ‘kill time.’ In fact, they cannot understand the concept of time.”
D.L. says in an affidavit that she was rebuffed by Disney employees when she tried to explain her son’s issues, including his need to experience the park in a particular order, starting with Jungle Cruise.
“My effort to explain this notion apparently fell on deaf ears. If I were to take A.L. on a route different than the one he is already programmed to experience, he would most certainly melt down inside the park… At one point, a Disney Guest Relations employee had the audacity to suggest that the family ‘split up’ to experience the Parks. Suggesting that our family split up and separately enjoy the Parks is outlandish.”
Disney has denied violating any applicable laws, codes or regulations or that it discriminated, and said it went to great lengths to provide service to its disabled guests.
The DAS program has been used at Disneyland in California and at Walt Disney World.