Interaction Reaction: The Impact of Interactivity On An Amusement Operator's Liability Exposure

A few days ago, I read an interesting article on LinkedIn about the

rise of interactivity in the attractions industry and something it said got my lawyer-brain thinking.  Here’s what it was:

Interactivity doesn’t stop with great-looking, immersive technology.  There is a still a need for pure physical interaction. 

“Pure physical interaction.”  As a fan of amusements, that phrase puts a grin on my face and starts the adrenaline pumping.  As a former operator, that phrase equals “repeat business” and additional revenue - something that the article emphasized.  But as a lawyer, that phrase made me pause for a minute and think about whether the rising popularity of interactivity could change the liability calculus for owners and operators of these attractions.  I thought that question deserved a closer look.

Disney's Autism Policy Passes ADA Muster - But What Does That Mean For The Rest Of The Industry?

Does the ADA require immediate, on-demand boarding for guests with cognitive disabilities such as autism?  It is among the questions most frequently asked of me and one for which there has been no judicial guidance … until now.  Late last week, the United States District Court for the Middle District of Florida issued a first-of-its-kind ruling on the issue in a case called A.L. v. Walt Disney Parks and Resorts U.S., Inc.  In the decision, Judge Anne Conway ruled in Disney’s favor essentially finding that immediate, on-demand boarding was not “necessary,” as that term is used in the ADA, and thus that Disney was not obligated to provide it to autistic guests.  While there may be a couple of small areas in the court’s analysis that some could quibble with, on the whole the decision is well-reasoned, reasonable, and practical.  But what does it mean in the broader context?  What affect, if any, will this case have on future cases in the industry?  Those are the questions that I think warrant a little discussion – and thus have drawn me back to blogging after an extended absence (which I hope you can all forgive).