A federal judge has ruled that families with autistic and other developmentally disabled children planning to join 26 plaintiffs in a discrimination lawsuit against Walt Disney Parks and Resorts must file their cases individually.
U.S. District Judge Anne Conway, based in Florida, cited each family’s “unique factual circumstances” with Disney’s Disability Access Service policy as the primary reason why their claims must be filed separately.
“Each family will need to present individualized proof to succeed on their claims,” Conway said in an Oct. 30 ruling.
Hermosa Beach lawyer Eugene Feldman and Florida attorney Andy Dogali represent the 26 original plaintiffs and sought to include an additional 69. The plaintiffs are children and their relatives.
The lawsuit, filed in April, claims Disney’s new Disability Access Service policy at its parks – including Florida’s Walt Disney World and Anaheim’s Disneyland and Disney California Adventure – violates the Americans with Disabilities Act. The plaintiffs want Disney to reverse its policy and also seek an unspecified amount of money.
Until October 2013, visitors with disabilities and their guests could receive front-of-the-line access on most rides. But Disney changed its policy after learning that people had hired disabled patrons as tour guides to skip lines and after hearing of reports of disabled patrons selling their passes.
Now, a disabled guest receives a Disability Access Service card and has his or her or a guardian’s picture taken. The guest, along with up to five others, can use the card to get front-of-the-line access on some rides.
The lawsuit says some visitors with developmental disabilities will have meltdowns if they wait in lines.
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