Disney, Splash Mountain and the 415 pound man

[Ohiogal]

What is the name of your state (only U.S. law)? CA

http://blog.wdwinfo.com/2014/06/25/jury-sides-with-disneyland-in-splash-mountain-lawsuit/

 

[justalayman]

Well, if i learned nothing else from that I learned I'm gonna have to get me one of them chairs on wheels. Right to the front of the line for them people in them chairs on wheels.

 

[Zigner]

Well, if i learned nothing else from that I learned I'm gonna have to get me one of them chairs on wheels. Right to the front of the line for them people in them chairs on wheels.

It used to be that way, but it's not any more. Basically, you get a pass that allows you to sign up for one ride at a time. They calculate the wait time and then let you enter through the "Fast Pass" line at the expiration of what would have been the wait time had you actually been standing in line.

(I am a somewhat frequent visitor to the House of Mouse)

 

[Ohiogal]

It used to be that way, but it's not any more. Basically, you get a pass that allows you to sign up for one ride at a time. They calculate the wait time and then let you enter through the "Fast Pass" line at the expiration of what would have been the wait time had you actually been standing in line.

(I am a somewhat frequent visitor to the House of Mouse)

Did you see the lawsuit being waged by the wheelchair/autistic/sunlight allergy people who are suing because that is not a good enough accommodation for their disability?

 

[Ohiogal]

Read this:
http://www.deadline.com/2014/04/disney-parks-lawsuit-autism/

And the complaint:

http://www.deadline.com/2014/04/disney-parks-lawsuit-autism/


There are so many things wrong with the allegations it is not even funny.

 

[Zigner]

Did you see the lawsuit being waged by the wheelchair/autistic/sunlight allergy people who are suing because that is not a good enough accommodation for their disability?

No, but that's just silly. Sure, it's great to have those front-of-the-line privileges, but it's really overboard. It's perfectly fair to be asked to wait the same amount of time as everyone else.

 

[Ohiogal]

No, but that's just silly. Sure, it's great to have those front-of-the-line privileges, but it's really overboard. It's perfectly fair to be asked to wait the same amount of time as everyone else.

Some things to giggle about from the complaint:
Page 20

The entire DAS is predicated upon the concept that Disney will
accommodate Plaintiffs, not by relieving them of the burden of waiting,
but by relieving them of the burden of waiting in lines. However,
without exception, when each Plaintiff who has visited the Parks since
October 9, 2013 arrived at the Parks, he or she reported as required by
Disney to Guest Relations, and was immediately met with an extended
wait, in line, just to obtain the DAS card. Disney is too smart to
genuinely believe that it reasonably accommodates disabled persons by
making them wait in lines as a precondition of being relieved of the
burden of waiting in lines.

Page 34-35

When this wait finally ended, D.L. explained to Disney personnel that
A.L. can only visit the Park in one precise order. And that he is
incapable of traveling all the way to a ride only to be turned away and
told to come back later.
80. Notwithstanding Disney’s highly sophisticated knowledge of the needs
of persons with cognitive impairments, and notwithstanding Disney’s
historic ability to accommodate A.L.’s special needs, Disney personnel
now offered bizarre and preposterous responses to D.L.’s recitations
regarding A.L.’s needs. Their statements were so contrary to Disney’s
body of knowledge and to Disney’s historic performance that Disney
cannot have accidentally proposed such absurdities. For example,
Disney personnel simply ignored A.L.’s inability to experience Magic
Kingdom in anything except one pre-defined order, and tried to offer,
or pretended to try to offer, alternate routes with which A.L. might
experience the Park. Any such suggestion is wholly contrary to any
reasoned understanding of the needs of autistic persons, and reflects a
naiveté about the special needs of persons with cognitive impairments
which is thoroughly inconsistent with Disney’s own historic
understanding. Generally, autistic persons cannot browse; they cannot
impulsively enjoy substitute experiences; they cannot “kill time.” And
Disney knows this. Disney has known this for years.

And:

Only after D.L. persisted in her resolve to obtain accommodation for
A.L. did Disney provide anything more. Disney provided a few fast
passes, along with the DAS card. During all these discussions with
Disney personnel, the Disney employees displayed a terribly uncaring
and unsympathetic attitude and approach. For the first time in A.L.’s
life, the Disney employees made the experience a miserable one.
D.L. and A.L. left Guest Relations and went to the first ride in A.L.’s
order – the Jungle Cruise. The wait was 40 minutes, which A.L. cannot
withstand. The idea of leaving and coming back in 40 minutes was
preposterous. So A.L. and D.L. and their other family members used the
Fast Passes to enjoy the ride without waiting. The family then feared
continuing on A.L.’s pre-ordained “route” because A.L. would need to
finish it, and with only three Fast Passes left, the family would not be
able to avoid a meltdown. Having no option, they left the park, after
experiencing one attraction.

Wherefore:

A.L. and D.L. have already visited the Parks considerably less frequently
than they did in the past, a situation which continues to this day. Their
interest in attending Disney Parks is substantially reduced. They will
not attend the Parks in the future due to their expectation that the
experience will again be a supremely un-accommodating one.

Now they want paid money.

 

[Ohiogal]

Page 38

J.S. is seven years of age and is generally in the care of his mother, D.S.,
who brings this action as J.S.’s next friend and natural guardian.

Page 39

J.S.’s cognitive impairments manifest themselves in a certain way
during his visits to the parks; J.S. is “repeat rider.” This is a variety of
the trait of requiring consistency, order and routine. Specifically, J.S.
will ride a particular ride or experience a particular attraction over and
over, for several hours at a time. Disney personnel are very familiar
with the repeat rider type of guest, in that they have discussed such
guests with D.S. while D.S. and J.S. have visited the Parks.
100. J.S. cannot tolerate long lines and wait times. When he was only two,
when J.S. had only just been diagnosed as autistic and before D.S.
became aware of the availability of the Guest Assistance Card, J.S.
experienced a meltdown event on the Winnie the Pooh ride. After a
short wait in the line, J.S. began hitting things and eventually fell to the
ground in total meltdown. Over time, as is the case with any mother of
an autistic person, D.S. became very familiar with J.S.’s impulsivity and
stimming activity. One thing she knows to protect J.S. from is exactly
the experience to which Disney insists upon subjecting him – idle wait
times. The family has occasionally tested J.S.’s ability to idly wait in a
queue. After only a few minutes J.S.’s stimming increased, after which a
meltdown would follow if left in that situation.

Page 40

Upon leaving Guest Relations at Epcot, J.S. unsurprisingly trekked
immediately to Test Track, where the wait time was substantial. D.S.
knew immediately that it was impossible for J.S. to not ride the ride
once they’d arrived; the suggestion that they should come back later
was absurd. Anyone with a working knowledge of persons with
cognitive impairments, which Disney possesses, knows that an autistic
child cannot comprehend postponing a present-tense pleasure in this
fashion. Doing so would make no more sense to J.S. than being given a
plate of wonderful food and being told not to eat it now, but rather to
go away and come back and eat it in an hour.

Page 41

Given no option other than the extended wait, they used the Fast Passes
to ride Test Track several times until J.S. grew weary of it. After
traveling to another attraction where they did not need to use their
Fast Passes, D.S. did not know which attraction J.S. might select next.
She knew they could not visit another ride which might have a wait
time, because if they reached the ride and J.S. was not permitted to ride
it, an unfortunately traumatic event would unfold. The family left the
park after visiting only two Epcot attractions and went to Hollywood
Studios.

Page 42

They left Guest Relations to find a 65-minute wait time at Toy Story.
They used Fast Passes to ride Toy Story twice, then gave up on further
rides. They watched a show, had dinner, and went home.

On the third day – December 13, 2013 – they visited Epcot again
because Magic Kingdom was blacked out for them. They rode Test
Track again, then one ride twice which had no line (Spaceship Earth),
another attraction which had no line (Captain EO), and left.
110. J.S. and D.S. do not intend to visit the Parks as they would have if Disney
had not abandoned its past policy of accommodating the special needs
of persons with cognitive impairments. Their interest in attending
Disney Parks is substantially reduced.

Wherefore they are suing for money because this isn't fair.

 

[Zigner]

SMH - wow.
One thing to point out - yes, there can be a wait for the card...but I've never seen it as longer than 10 or 15 minutes. Extended my ass...

 

[Ohiogal]

Another family page 46-47:

The family dedicated an extended vacation to the trip to Walt Disney
World and set off on the drive from Michigan. They had purchased 6-
day Park-Hopper packages which also included Disney resort
accommodations as well as water parks and meals. They planned to visit all four Walt Disney World Parks during their stay, along with
other Disney facilities.
S.J.K. and S.L.K. were accompanied on their trip by the gentleman who
is S.J.K’s father and S.L.K.’s husband, and by S.L.K.’s mother. S.L.K. and
S.L.K.’s mother are also disabled persons; they each face mobility
challenges. S.L.K. can stand and/or walk only limited distances due to a
number of cardiovascular issues and surgeries; S.L.K.’s mother had
recently undergone knee replacement surgery and would need a
wheelchair to navigate the Parks.

And then, page 49:

Upon reaching the front of the line, S.L.K. was greeted by a Disney
employee. S.L.K. did not know what she was supposed to say or do, did
not know what to request. She said she was there with her family and
that they have some disabilities. The Disney employee asked: “What
are these disabilities?” S.L.K. responded that her son is disabled and
that she and her mother have mobility problems. The employee looked
S.L.K. incredulously and said: “Well, you and your mother can obviously
walk, so the most Disney can do for you is offer you a wheelchair
rental” to make S.L.K. and her mother more comfortable while they
wait in lines. The employee added that “wheelchairs can be rented for
$12.00 per day and electric scooters for $40.00 per day.” Until that
moment, it had not occurred to S.L.K. that the only accommodation
Disney would offer them was a wheelchair, and that Disney would
charge money for the accommodation. She shuddered at the thought
that in order to wait in lines they would have to rent three wheelchairs,
so that S.L.K. and her mother could withstand waiting in lines; perhaps
another for S.J.K. They had not included even one wheelchair rental in
their vacation budget; the possibility of more than one was out of the
question.

Down further:

After an extended time of perhaps 15 minutes she emerged with a
green card and eight Fast Passes (two per family member).

And:

S.L.K. then asked, if all Disney could
provide was the DAS card for S.J.K. and wheelchair rentals for others,
who would push all these wheelchairs when they have only four
persons in their party? The Disney employee, still exhibiting no care or
concern, robotically repeated her prior lines. Just as the Disney
employee at the Caribbean Beach Resort the previous day did not
explain any of the Fast Pass attributes of the Magic Bands to the family
at check-in, the Guest Relations employee did not explain that Disney
also provided in-park Fast Pass appointments at certain rides.

So Disney should have supplied that family with FREE wheelchairs and provided people to push them.

 

[Zigner]

Incredible.

 

[Ohiogal]

Page 62:

A.B. is incapable of tolerating idle times of inactivity such as
standing in line. A.B. also exhibits “repeat rider” traits as well as a
commitment to routine and consistency. A.B. must always begin his
Disney experience with It’s a Small World, which he repeats
numerous times before moving on to his next favorite ride, The Little
Mermaid. In addition to frequently riding the same ride over and
over again, A.B. cannot be surrounded by large groups of people or
crowds, so the concept of waiting in a crowded queue is appalling to
M.B. as it could lead to a meltdown for A.B. Additionally, being
denied the ability to repeat a particular ride is disastrous to A.B.’s
magical experience. A.B. likes to ride and repeat a few specific rides,
attend one character lunch and then leave.

Then 64-65:

M.B. and A.B. walked to It’s a Small World, where their magical
experience had always begun. This time, however, a Disney
employee barked to M.B. that they would have to come back later, so
they must go and “do something else!” His final suggestion was to
“go eat lunch!” The wait time was one hour and fifteen minutes.
M.B. and A.B. walked to It’s a Small World, where their magical
experience had always begun. This time, however, a Disney
employee barked to M.B. that they would have to come back later, so
they must go and “do something else!” His final suggestion was to
“go eat lunch!” The wait time was one hour and fifteen minutes.
After the second time, A.B. was done. Upon being told he had to
endure a third wait for the ride – the same ride on which Disney had
accommodated him on dozens of prior trips and which had ridden
perhaps hundreds of times in the past – A.B. entered into a fullfledged
meltdown. A.B.’s stimming spun out of control, and he
commenced flapping his arms, striking himself, and falling to the
ground, whereupon he eventually shut down, leaving M.B. to do
everything she could to try to transition A.B. back to a coherent state
– perhaps even to find, once again, the Disney Magic.

Wherefore they are suing Disney for money.

Wherefore the complaint is full of suing Disney for money because Disney inflicted emotional distress on their children because their children didn't get immediate front of the line access or to continuously ride the ride they wanted when they wanted.

 

[Ohiogal]

Incredible.

It is 176 pages long. It continues. Read and enjoy. I am sorry -- I am sympathetic towards the children and their parents but to expect that these children will automatically get whatever they want whenever they want it and Disney MUST do so -- reasonable accomodations doesn't mean better accomodations. It means reasonable. It doesn't mean these children become privileged.

 

[Zigner]

A.B. entered into a fullfledged
meltdown. A.B.’s stimming spun out of control, and he
commenced flapping his arms, striking himself, and falling to the
ground, whereupon he eventually shut down, leaving M.B. to do
everything she could to try to transition A.B. back to a coherent state
– perhaps even to find, once again, the Disney Magic.

Or, perhaps, find a more suitable activity for their child. Not EVERY child gets to go to DLand, much less with carte blanche front-of-line access.

 

[Zigner]

It is 176 pages long. It continues. Read and enjoy. I am sorry -- I am sympathetic towards the children and their parents but to expect that these children will automatically get whatever they want whenever they want it and Disney MUST do so -- reasonable accomodations doesn't mean better accomodations. It means reasonable. It doesn't mean these children become privileged.

I raised three ...challenging... kids. I have sympathy and empathy, but I reach a different conclusion. Several years ago, I took my youngest son to DLand for his 12th. birthday and got the "front of the line" pass. It was a great treat for my son. However, we had taken my son there many times previously and considered standing in line like everyone else a valuable lesson in life. If kiddo couldn't handle the wait in line, we got out of line.