Disney Faces Lawsuit for Altering Disability Accommodations
2025 may prove to be a challenging year for Disney Parks and Resorts. Not only did Mickey's famous white gloves pass into the public domain at the start of the year, but the Mouse House is also facing a class-action suit that might make their Kingdom seem more tragic than magic.
The Disability Access Service (DAS) is under fire at Disneyland and Disney World. The suit claims that changes made to DAS policy in 2024 by Disney and Inspire Health Alliance excluded previous provisions for physically disabled patrons.
While the lawsuit has only one named person as a plaintiff, it seeks class certification to add others who allege they were discriminated against by the defendants. While Disney offered alternative programs for those no longer eligible for DAS, the lawsuit insists they are inadequate.
Your Wait Time From This Point Is ...
Disney has a long history of trying to make their parks as compliant as possible with the Americans With Disabilities Act (ADA). The General Assistance Card (GAC) was a Disney program until 2013. Under the GAC system, a disabled guest and their party had access to all rides and attractions that was repeatable, on-demand, and unlimited.
Because Disney couldn't ask for proof of disability, the GAC system was widely abused. In October 2o13, Disney ended the GAC program in favor of the Disability Access System (DAS). The new system survived almost four dozen ADA-based challenges in court during the first few years of its implementation.
In 2024, Disney decided to make some changes to DAS. Approvals for the program had tripled since 2019 and while part of that was attributed to the emergence of more qualifying conditions, abuse of the system was also a factor. There was also concern that the accommodations provided by DAS were severely affecting the experience of non-DAS visitors.
In the revamping of the system that was implemented in 2024, Disney narrowed the scope to qualify for DAS. It added language that specified that DAS was for individuals who couldn't handle normal attraction wait times "due to a developmental disability like autism or similar."
It also added a required video chat with a Disney cast member backed by healthcare professionals from Inspire Health for permission to use DAS. Recommended to be done ahead of a visit, those who wished to apply at the park did so via video chat as well, instead of face-to-face.
For those with physical disabilities and other medical issues who no longer qualified for DAS, Disney added other easier access programs such as Rider Switch, Location Return Time, and Meet-up. As the lawsuit indicates, this was not deemed an acceptable solution for some.
Mr. Toad's Wild Legal Ride
In the lawsuit filed by Tricia Malone in California Superior Court, Disney and Inspire Health are charged with violating the ADA and the Unruh Civil Rights Act. Counts against the defendants include breach of confidentiality and invasion of privacy caused by the plaintiff being forced to share Protected Health Information (PHI) about her disability where others could hear her.
Malone alleges that the defendants were negligent in their legal duty of care under California civil code and the Unruh Act. In addition to requesting the suit become a class action, she's seeking restoration of the previous inclusion policy, statutory damages, and attorneys' fees.
Disney denies the accusation and asserts that their DAS policy remains accessible for those who need it.
Related Resources
- How To Get Your Slice of the Class-Action Pie (FindLaw's Law and Daily Life)
- What Are the Elements of Negligence? (FindLaw's Accident and Injury Law)
- ADA Access to Buildings and Businesses (FindLaw's Civil Rights Laws)
