Federal Court Rules for Disney in Lead DAS/Autism Lawsuit

[jcb]

My take on the decision (with links to previous blog posts I've written):

http://www.wdwinfo.com/news-stories/federal-court-rules-for-disney-in-lead-dasautism-lawsuit/

Another view (from the Sentinel):
http://www.orlandosentinel.com/business/tourism/os-disney-autism-lawsuit-20160429-story.html

 

[SorcererHeidi]

Thanx for always keeping us up to date on all the "legal stuff", Jack. And I feel the decision was as it should be, IMHO.

 

[TheMaxRebo]

Always appreciate your insights Jack

I do feel for those families that have children who have issues with waiting in line or in groups, etc. but feel like Disney still goes above and beyond what is required and what others do and is the wrong company to complain about

 

[pjweaver]

Great article Jack; You may want to stop reading there.

My understanding is that Disney (or anyone for that matter) can not ask for a prescription or letter from a MD when they are requesting ADA compliance, just what accommodations their disability requires. I can see a day when 25,000 people wait to get a GAC at the MK under the premise that their child isn't able to wait in line. If you were to put all of those guests at the head of the line for the 28 rides, they would still have to wait to get on each ride because everyone else would have a DAS too. This fulfills my prophecy of the fast pass queue backing up to the standby line anyway.

I have a close family member with a medical condition that makes standing in line for 30 minutes very difficult. It has nothing to do with ADD or ADHD, but it can be bad. We have experienced both systems that Disney has used and never had a problem. Disney does far more than most tourist destinations to accommodate everyone. For example Universal simply told us all attractions were ADA compliant and that we would need to purchase their front of the line pass. Six flags did a similar thing.

As part of the ADA most places (jury duty and voting are the only exception I can think of) can't and won't ask why. If you have a condition such as PTSD where the crowds in line over an hour causes panic, or you can not chance waiting in line because you may need a restroom at any moment, or your child has ADHD and can't wait, the current system Disney offers still is better than any other place I have been to. I see this a frivolous and a waste of taxpayers money.

 

[Princess Jes]

Great article Jack,
I definitely think the right decision was made here.

Parents of children with disabilities are forever saying that they just want their child to be treated "normal" like any other kid.
Encouraging or publicizing lawsuits like this is a huge step backwards for those who try to teach their autistic child to survive in the world and teach them how to integrate into mainstream society like everyone else.

I realise some disabilities are more severe than others, but speaking specifically to autism, I just feel that this is the wrong thing to complain about, the accommodations aren't for everyone, but they (Disney) do a wonderful job in trying to accommodate everyone, or at least the vast majority.

 

[Shanti]

I'm going to quote what I said about this case in another post:

My son is autistic, and I completely agree with Disney on this case. This child's parents aren't doing him any favors by indulging his every demand at the parks (the rides have to be ridden in a certain order, with no wait at all, they claim), and crying discrimination if the rest of the world doesn't do likewise. They're not helping the child learn how to cope in the world.

I'm actually glad that Disney won't do that, because it's harmful for an autistic child to be constantly indulged in his desire for an unchanging, self-selected routine. Therapists tell parents to put limits on that, and these parents are not instilling any limits. They have no business turning around and blaming Disney.

 

[cxcelica]

I thought it was telling that the family had not even experienced the new arrangements, but had rather just decided to sue. That didn't help the plaintiff's case both from a standing perspective, and also a practical perspective. The court seemed keen on that.

 

[jcb]

Great article Jack; You may want to stop reading there.

My understanding is that Disney (or anyone for that matter) can not ask for a prescription or letter from a MD when they are requesting ADA compliance, just what accommodations their disability requires. I can see a day when 25,000 people wait to get a GAC at the MK under the premise that their child isn't able to wait in line. If you were to put all of those guests at the head of the line for the 28 rides, they would still have to wait to get on each ride because everyone else would have a DAS too. This fulfills my prophecy of the fast pass queue backing up to the standby line anyway.

I have a close family member with a medical condition that makes standing in line for 30 minutes very difficult. It has nothing to do with ADD or ADHD, but it can be bad. We have experienced both systems that Disney has used and never had a problem. Disney does far more than most tourist destinations to accommodate everyone. For example Universal simply told us all attractions were ADA compliant and that we would need to purchase their front of the line pass. Six flags did a similar thing.

As part of the ADA most places (jury duty and voting are the only exception I can think of) can't and won't ask why. If you have a condition such as PTSD where the crowds in line over an hour causes panic, or you can not chance waiting in line because you may need a restroom at any moment, or your child has ADHD and can't wait, the current system Disney offers still is better than any other place I have been to. I see this a frivolous and a waste of taxpayers money.

I hope this question (what can an organization request) is resolved someday. It is undisputed that if an employee asks for an accommodation an employer has the right to ask for proper documentation to support the request. Sometimes, particularly if the employee has been off of work for only a few days, the documentation is simply a doctor's note which does not say what condition caused the employees absence. The more unusual or extensive an accommodation request, the more detailed the support needs to be. The rules governing employers are actually fairly well-defined. That is not so with "public accommodations" such as Disney (as it relates to its guests, of course). The ADA itself does not prohibit a public accommodation from asking for information when a modification request is made. The Department of Justice regulations imply that there is a prohibition but to date, I'm aware of no decision specifically addressing the issue. But if an employer can require medical information (within limits) I'm not seeing why a public accommodation cannot (again, within limits).

 

[pjweaver]

I think this would make for a fantastic podcast; Kevin, John and Pete (who have all experienced Disney with some form or visited the parks with someone who needed accommodation) along with Jack from a legal stance and @disneysteve from a medical point of view. That should make for some good watching.

As I stated, I travel with someone who gets a DAS. We go out of our way not to abuse this, much in the way we do not park in a handicap space unless we need to even though we have the tag. At WDW and many other places they will not ask or even listen to specific diagnosis or bother with and ADA disability card, they simply ask what accommodations are needed.

From a medical side I consider ADHD in lines with someone suffering from PTSD. In crowded places like a queue at Disney, a panic attack can come on suddenly. With either affliction this can mean a very bad thing happens, think of The Hulk. I would not downplay any physical or mental issue in this area. Aside from getting rid of the cobblestone walk ways in AK that make a wheelchair unbearable, Disney does more than any entertainment company I have found.

Hopefully this ends or slows other pending lawsuits so Disney can spend money to fix their parks.

 

[techtony]

My nephew is autistic, and he is socially awkward. He repeats himself, and tells the same non humorous jokes, does the hand flapping and cannot stand loud noises. Is it difficult to be in public with him? To be honest - yes. My sister however has decided to take the experts advice and deviate from his routine over time to get him to start becoming accustomed to change. It works. He gets upset if he stands in line at the bank. Instead of asking people to allow her to cut line or avoid the bank all together, she purposely chooses difficult situations and tries as best as she can to explain why things are different. Well guess what? Over the course of a very difficult year - he accepts change much better. Instead of screaming like before, he will pout (like any other teenager does), but he does not act out like before. We no longer have to explain to him in detail that waits are part of life. He now knows that he will be ignored or a privilege will be taken away. He is so much better and we have hopes that he can be mainstreamed into his adulthood.

These parents are not doing their child any favor by helping an already disadvantaged child to not try to overcome the disability as much as they can. I know people will scream at me saying that autistic children cannot be mainstreamed, etc, etc. This is false - they can be - dependent of course on where on the spectrum they are.

 

[MaryLovesPoohBear]

I'm going to quote what I said about this case in another post:

My son is autistic, and I completely agree with Disney on this case. This child's parents aren't doing him any favors by indulging his every demand at the parks (the rides have to be ridden in a certain order, with no wait at all, they claim), and crying discrimination if the rest of the world doesn't do likewise. They're not helping the child learn how to cope in the world.

I'm actually glad that Disney won't do that, because it's harmful for an autistic child to be constantly indulged in his desire for an unchanging, self-selected routine. Therapists tell parents to put limits on that, and these parents are not instilling any limits. They have no business turning around and blaming Disney.

This is an interesting reply.

I agree with it, but have friends with a son, and they indulge his every whim. Otherwise he will meltdown. When he attends school he is verbal (and has been since he was a toddler), stands in line, takes care of his personal business, does his school work and seems to make it through most days with any meltdowns, but once Mom gets hold of him . . . . . . . . . meltdowns, hitting, biting and the like.

I've always thought that she wasn't doing him any favors. But if I ask about it, I am very quickly told by her that I don't understand how Autism works.

She is the type to respond like this family.

 

[Allison]

My nephew is autistic, and he is socially awkward. He repeats himself, and tells the same non humorous jokes, does the hand flapping and cannot stand loud noises. Is it difficult to be in public with him? To be honest - yes. My sister however has decided to take the experts advice and deviate from his routine over time to get him to start becoming accustomed to change. It works. He gets upset if he stands in line at the bank. Instead of asking people to allow her to cut line or avoid the bank all together, she purposely chooses difficult situations and tries as best as she can to explain why things are different. Well guess what? Over the course of a very difficult year - he accepts change much better. Instead of screaming like before, he will pout (like any other teenager does), but he does not act out like before. We no longer have to explain to him in detail that waits are part of life. He now knows that he will be ignored or a privilege will be taken away. He is so much better and we have hopes that he can be mainstreamed into his adulthood.

These parents are not doing their child any favor by helping an already disadvantaged child to not try to overcome the disability as much as they can. I know people will scream at me saying that autistic children cannot be mainstreamed, etc, etc. This is false - they can be - dependent of course on where on the spectrum they are.

Your sister seems wise.

 

[Shanti]

My nephew is autistic, and he is socially awkward. He repeats himself, and tells the same non humorous jokes, does the hand flapping and cannot stand loud noises. Is it difficult to be in public with him? To be honest - yes. My sister however has decided to take the experts advice and deviate from his routine over time to get him to start becoming accustomed to change. It works. He gets upset if he stands in line at the bank. Instead of asking people to allow her to cut line or avoid the bank all together, she purposely chooses difficult situations and tries as best as she can to explain why things are different. Well guess what? Over the course of a very difficult year - he accepts change much better. Instead of screaming like before, he will pout (like any other teenager does), but he does not act out like before. We no longer have to explain to him in detail that waits are part of life. He now knows that he will be ignored or a privilege will be taken away. He is so much better and we have hopes that he can be mainstreamed into his adulthood.

These parents are not doing their child any favor by helping an already disadvantaged child to not try to overcome the disability as much as they can. I know people will scream at me saying that autistic children cannot be mainstreamed, etc, etc. This is false - they can be - dependent of course on where on the spectrum they are.

So glad that he has a strong family to help him adjust to life! Yes, autistic children can make huge gains, and in many cases become independent. My son couldn't say more than a few words at a time until he was four and a half (plus did the echoing...), and now (age 11) he loves conversation and is a real talker. His tantruming was a huge issue particularly when he was 8 and 9 (I actually had to remove him from one school), but with work, expectations, a reward system and some discipline, he has passed from that and is now well-behaved at (a regular) school and home most of the time. It's a miracle to me, but it wasn't a miracle that happened without a lot of work on everyone's part.

I find Temple Grandin an inspiration and she speaks often of the importance of instilling basic skills like manners and turn-taking into autistic kids as non-negotiables, because they're the basis for learning and socialization. Parents (even parents of regular kids) who neglect that are setting their kids up for failure. When a child has autism and his parents won't do the work to get him to behave, they're setting him up for eventual institutionalization, because those parents will die before the child, and the rest of the world will not indulge an adult's hitting, biting and tantrums.