Class Action Lawsuit Against Disney’s DAS (Disability Access Service)? Not If You Sign The Terms of Service. Today, May 20th, 2024, the new rules went into place for the Disability Access Service or DAS Pass for guests who are visiting Walt Disney World. These changes do not go into effect until June 18th, 2024, in Disneyland.
“I understand that after an individualized discussion regarding my personal circumstances, I may be offered DAS, alternative accommodations, or no accommodation at all. I agree that any lawsuit I may file, or participate in, challenging this decision, the individualized discussion, or the overall process itself, shall be conducted only on an individual basis and not as a plaintiff or class member in a purported class, consolidated or representative action or proceeding.“
Overnight, the Walt Disney World guest services website for Guests with Disabilities has changed its wording to eliminate your right to join a class action lawsuit regarding the new DAS Pass. If you feel discriminated against, or think Disney’s new rules go a step too far, you may not join a class action lawsuit. Which means you would have to go at it alone.
This may not seem like much, but to legal scholars, this is a major infringement on a plaintiff’s right to hold corporations accountable. Class actions are essential to a healthy democracy for several reasons: First, class actions are an important avenue to provide direct relief to large groups of people who have been harmed by illegal behavior by corporations. Second, class actions can help overcome financial barriers That otherwise make it impossible for workers, consumers, and others to pursue their rights in the legal system.
I am not a lawyer, nor do I play one on TV, but I am an educated person and someone who has (or did in the past) used the DAS Pass. I can tell you that for Disney to add this bold type to the new system means they KNOW this is going to be a disaster. We wrote about the new rules last week when we got word of the new rules in place. Later today, we will have an updated article on all the new wording.
I have many questions about the new DAS system.
How Cast Members, who are in no way medically trained, can make or break a person with a disability vacation a success or failure? Why did Disney switch to this system, instead of following what most theme parks are doing, which is a 3rd party verification backed up by medical professionals who understand the needs of the disabled?
I am not disparaging the Cast Members, they are doing the best job they know how to do! The ones I have spoken to are a bit concerned. Especially with the new rule “Once you get a NO, there is absolutely ZERO chance to get the decision overturned or updated!”
I was rejected despite having a lifelong intestinal issue. My brother in law was rejected despite having severe PTSD from his time in the military making him very uncomfortable being in large groups, particularly with people behind him.
Disney has, essentially, eliminated the program for anyone not on the Autism spectrum. Even then, you have to talk to a medical professional for approval, while the rest of us get an automatic rejection from a customer service employee.
Once rejected, it is explained that you can, varying from EVERY ride, talk those Disney staff working on the ride. Yes. I want to explain my medical condition to a UCF junior and hope they, somehow, have their own idea of an accomodation.
The program has been eliminated.
Where a copy of the Terms of Services be obtained? It sounds like Disney is in violation of a person’s rights to request a DAS, hence why I want a copy. I signed the terms yet I have been unable to connect. I cannot connect unless I agree to sign. This seems to be a catch which is why I want to take this further yet need to see the terms in writing. Thank you.
https://disneyworld.disney.go.com/profile/guest-services/disability-access-service?returnUrl=%2Fguest-services%2Fdisability-access-service%2Fregister%2F
You have to be logged into the MDE at the least to view these.
instead of giving up private information we returned our passes to undercover tourist 7 day hoppers wrote to disney
and told them we would not have private ada information handed over to a park employee and third party company
only to be denied violating the ada for singling out a disability. we have never been turned away and will probably never
return as we cannot attend the parks without it.
Is there a class action lawsuit for this? If so how do you join?
People on the autism spectrum are also being denied. It feels like they are using us as a smoke screen when talking to non-autistic people. They rejected my blind boyfriend, saying that it’s for autistic people. Then, it was my turn to go through the process; they rejected me and said as an accommodation, my boyfriend (blind!) should stand in line for me while I wait somewhere else. Ridiculous. Also, why are we separating neurodivergent people from their party?! That feels pretty othering—and very uncomfortable/distressing for many of us.
It isn’t for autistic people either so I wonder just who it’s for…because my 19 year old with autism (non verbal) and ID couldn’t get approved. It makes me absolutely sick. And she wouldn’t talk to me until we signed the TOS, nor my husband. We were standing in line for Haunted Mansion when all this went down in 100*F heat so I checked the box and moved on. What a bunch of bullshit!
It seems that even if you signed the waiver of a class action law suit, it can still be filed if certain criteria is met. Found this article. https://bullucklawgroup.com/can-you-sue-if-you-have-signed-a-waiver/#:~:text=You%20may%20sue%20even%20if,the%20waiver%20at%20the%20time.
My daughter has been a lifelong Disney kid!! Who is now 22 she has a chronic auto immune disease and pots and cannot stand in line due to health reasons!!!!!! Immune system and heart rate. We spoke to a young girl who was not qualified to say yes or no and now we will not be able to attend and they won’t refund my money!!! Disney I’m so done with youz
this is what we wrote disney in response to their letter to us, we inquired about the new policy
and got the “you can buy the”
we wrote back……………………………….
Thanks for the response.
We cancelled our family 7 day park hopper and received our refund because of the new DAS policy.
1. We will not have a cast member and third party company accessing our medical information
and deciding if we are “disabled enough”
2. Disney has chosen to “weed out” disabilities and giving preferential treatment toward some and not others.
3. Will not buy any additional tickets in place of the DAS because we never had to in the past.
We will simply bypass disney, we have been before many other times. We will return when you have a better system
in place.
You simply will not get our support or money,
thanks
Disney is way out of pocket for how they treat people once the new rules went into effect. Besides me being scardd on how this will affect me my physicians wanted to get involved. This was concerning to them and they all wrote letters explaining how waiting in line affects their respective treating disabilities. I forwardrd those letters to the DAS email and I got this response that wasnt saying anything about it at all really. I got back on chat and the cast member who wouldnt listen and literally hung up on me and disconnected the chat! I wasnt rude or yelling at her but adking questions she could not answer! Its amazing that Disney puts customer service people who have zero medical training, are not physicians and have no real understanding of the disabilities they are asking about! 29 years of Disney and its over. I say GO TO UNIVERSAL people! People have already begun to switch their loyslties@ Universal has a disability pass too. I filled out the form online that required me to upload documentation from my physicians. I got an approval the next day and was sent the Disability park ID that is good for 1 year and is also valid at Six Flags and several other parks throughout the US! It was as simple as that! Disney changed their DAS rules to eliminate people who are being dishonest or dont really need the DAS by giving a blanket NO to anyone who isnt autistic will cost them dearly! Disney is going to lose thousands of people to Unoversal because of their blatent unwillingness to accommodate or even listen to people’s disability concers. And it wont take much for Universal to take their business!
The whole thing is baffling as it says it’s for autistic people or those with developmental disabilities yet I have not heard yet of one person with these issues being granted a DAS. Who is getting the DAS? Anyone? I sent a email just asking questions on how Am I to handle certain situations for example, pulling a autistic child the size of a man in and out of lines when he becomes upset and what do i do with my minor daughter? Leave her online alone? Do I stay online and have my small daughter drag her brother back and forth? I just want answers to the questions so i can figure out my day. Also they make you wait until 30 days out but 30 days out is when you can no longer cancel your Disney plans so if you cant go now due to the new rules I am out $8K?
My boyfriend and I are Passholders for Disney, Universal, Sea World, and Bush Gardens. I have a disability and have letters from my doctor regarding it plus documentation. I went through the rigorous process for Universal which is already a nightmare. I was approved by their third party and then when Universal called to discuss my access the treatment I endured was awful. Then comes Disney with their new pass and it was even worse. I was dismissed before I could even finish my statement of why I needed the pass. When I tried to ask questions, they refused to answer any more of them. Just told me to go up to the rides and request disability access at the rides. I don’t feel comfortable telling a kid my personal information.
My nephew was also denied access. My nephew is firmly planted in the spectrum. I don’t want to share too much of his information, but he fits the mold for what Disney says should be given a pass under the new system. They told my sister that he is not autistic enough and that he needs to practice waiting in lines.
This being said… what if there was a class action lawsuit regarding them stating we cannot file a class action lawsuit? Then if we win that, it would overturn the waiver demands and we would be able to have a class action for the disability access. It doesn’t say we can’t do that. We would not be challenging a decision. We would be challenging the waiver rules and regulations.
I really wish more people would simply google Disney autism lawsuits to see that history is repeating itself, only now on a much grander scale. Might save some families time, hassle and money.
My family was one of those families that was discriminated against back in 2013 who stood to try and get injunctive relief, not money, and to make sure that what was happening to us then would never happen to any other family again. Disney chose to drag these lawsuits and those families through the mud for years with their unlimited resources doing whatever it took to make it all go away, despite a state commission(FCHR) in FL finding numerous cases of Disney discriminating. Terribly, those findings were not admissible in the federal cases(could it have been because Disney and their economic impact has more control over the legislation and commissions in Florida? Likely.)
Bottom line is that it is clearer now more than ever at Disney is attempting to thin the crowds in their properties, and limiting people impacted by disability is their best option for doing that. We saw behind the “magic curtain”, and I can assure you, it is nothing but a conference table with a bunch of executives and lawyers sitting around it collecting big paychecks not caring about collateral damage.
Press may show that Disney”won” those lawsuits, but the truth is, and regardless if they care, they lost much more by not doing the right thing. They lost the spirit, hearts, and yes the dollars from possibly generations of families that will never return, including those being impacted now with this recent round of discriminatory tactics.
Do the right thing this time, Disney, cut your losses on those who you took the “Disney Magic” from and form an organization/commission of stakeholders…families impacted by disability, disability specialists and organizations to come up with a program that is inclusive, and not discriminatory.
There’s lots of hearts and spirits of kids counting on you.
Truthfully, it doesn’t matter where you go to make your memories, magic happens because of the people who you are with.