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).

IAAPA Is Over, So What's Next? How Does A Couple Of Days In New Orleans In February Sound?

IAAPA 2014 in Orlando was a huge success!   From talking to my clients and peers that were there, I think all agree that the quality of the educational sessions and networking opportunities was, as usual, consistently fantastic.  But what now?  Well I have a suggestion.  How about a trip to New Orleans in the dead of winter?  Sound good?
 
Recently, the American Conference Institute reached out to me about being a media partner for an upcoming, and first of its kind, conference on Recreation, Leisure, and Amusement Park Compliance and Litigation.  Now, over the years, I've had a few whispers from various people about setting something like this up, but nothing that has either been backed by someone like ACI, who has A LOT of experience with quality business conferences on a variety of topics, or that I thought would be of interest to a broad swath of the industry.  Well, that's all about to change.

Here & Now (Pt. 3): Isn't Standing In Line An Essential Rule Of The Park .. Even For Autistic Guests?

Click here to read Here & Now (Prologue): The Question of Autism In Amusement Parks Under the ADA
Click here for Here & Now (Pt. 1): Is Immediate Ride Boarding For Autistic Guests Really Necessary? 
Click here for Here & Now (Pt. 2): Is Immediate, On-Demand Ride Access For Autistic Guests Reasonable?

What does this ...

have to do with this?

A recent lawsuit brought against the Walt Disney Company has brought into the public spotlight an issue that the amusement industry has struggled with for years:  what accommodations are legally required for autistic guests and other guests with cognitive disabilities that cannot wait in line.  Last year, Disney’s parks (along with several others, including the Cedar Fair parks) instituted a policy that dramatically changed the procedure for these guests.  Rather than being granted on-demand, immediate boarding privileges upon arrival at a ride (as had been the practice for years), guests at these parks must now check-in, either at the ride or at a guest relations location (depending on the park), and make an appointment to return, at which time the guest and his party will be immediately boarded.  The appointment time corresponds to the length of the line.  So is this procedure acceptable under the Americans With Disabilities Act?  The plaintiffs in the recent Disney lawsuit say it is not – that immediate, on-demand boarding is a required accommodation under the law.  But is it?   

The first two pieces of this series have looked at the questions of whether immediate, on-demand boarding on amusement rides is necessary (giventhat front-of-the-line access does not seem to be requested in any other publicaccommodation) and / or reasonable (given prior case law in the cruise shipcontext finding it is not).  I’m ending this series by considering the third element of an ADA claim of this sort:  Does allowing on-demand, immediate boarding “fundamentally alter the nature of” the amusement park experience?  I believe it does – in dramatic fashion.

Here & Now (Pt. 2): Is Immediate, On-Demand Ride Access For Autistic Guests Reasonable?

Click here for Here & Now (Prologue): The Question Of Autism In Amusement Parks Under The ADA
Click here for Here & Now (Pt. 1): Is Immediate Ride Boarding For Autistic Guests Really Necessary?
Click here for Here & Now (Pt. 3):  Isn't Standing In Line An Essential Rule Of The Park ... Even For Autistic Guests?

A recent lawsuit filed against the Walt Disney Company has put before a Federal Court in California the question of whether amusement parks have a legal obligation under the ADA to allow autistic guests to skip the line and board rides immediately upon arrival.  It’s a question that the industry has struggled with for years without much guidance in the legal literature.  This series is taking a closer look at that question.  Last time, I looked at the question of whether it was “necessary,” in ADA parlance, for anautistic guest to have immediate boarding privileges.  Today, I’m tackling what I believe to be the central question raised in the Walt Disney lawsuit:  Is it reasonable to allow guests with disabilities to have on-demand, immediate boarding on amusement rides?  Put another way, is it reasonable to provide guests with disabilities with an appointment time at which immediate boarding will be granted?

As I mentioned in the first piece in this series, public accommodations, like amusement parks, are only required to make “reasonable modifications” under the Americans With  Disabilities Act.  But what does "reasonable" mean in the context of an amusement park? 

Here & Now (Pt. 1): Is Immediate Ride Boarding For Autistic Guests Really Necessary?

Click here to read Here & Now (Prologue): The Question of Autism In Amusement Parks Under the ADA
Click here for Here & Now (Pt. 2): Is Immediate, On-Demand Ride Access For Autistic Guests Reasonable?
Click here for Here & Now (Pt. 3):  Isn't Standing In Line An Essential Rule Of The Park ... Even For Autistic Guests?

Is it really necessary for autistic guests to have immediate access to rides?  It’s a question that really has two meanings depending upon your point of view.   From a lay-person’s perspective, the question of necessity is a loaded one, potentially involving overtones of insensitivity or intolerance.  To even question necessity is itself socially taboo.  After all, who are we, as guests without disabilities and their consequent life challenges, to question whether an autistic person or his family really “needs” something that will, regardless of literal necessity, make lives easier and a day in the park more pleasant?  Given the challenges inherent in being the parent of an autistic child, who would be so callous as to deny, or even question, an additional convenience during a day in the park?

The One Thing No One Is Telling You About Disney's New Disabled Guest Access Policy

As most of you probably already know, Disney has made some waves recently with the announcement of its new access policy for guests with disabilities  Although the change to the policy was announced a couple of weeks ago, I decided not to comment on it until I could see something official from Disney itself explaining how the new policy would work.  Until such an announcement, I simply could not be sure that the media and blogosphere reporting was accurate (imagine that?).  Well, Disney has now officially unveiled its new access policy and published an F.A.Q. on the ins-and-outs of its mechanics.  And having taken a look at Disney's official materials, I am left wondering why a critical component of the policy has been almost completely overlooked by both the national media and, it seems, by the people expressing dismay and anger about the new system.  Contrary to what you may have read in news reports or online petitions, Disney's new policy appears to simultaneously curtail the abuses it encountered under its prior system while still maintaining enough flexibility to address the individual needs of its disabled guests. That's good, right?  Read on to find out more...

Could the Disney Segway Issue Be Headed To The Supreme Court?

In my last post, I discussed Ault v. Walt Disney World Co., a class-action lawsuit in Florida challenging Disney's "no Segways" policy in its Florida properties.  To quickly recap, the judge in Florida approved a settlement in the case finding that that Disney was likely to prevail under the ADA if the case actually went to trial because it could probably prove that Segways constituted an actual safety hazard in its parks.  

Yesterday, the U.S. Court of Appeals for the Eleventh Circuit affirmed the trial court's ruling.  Read more after the jump. 

Disney Probably Won't Have To Allow Segways ... But What About Other Parks & FEC's?

The Ninth Circuit's decision in Baughman v. Walt Disney World, Inc., has gotten a lot of attention over the last couple of weeks. Disability advocacy groups are touting it as a big win for accessibility.  However, I do not really see it that way.  In fact, as I've already written, I think this was the WRONG case for the Ninth Circuit to have even reached the issue, given that Ms. Baughman can't seem to decide whether she uses a wheelchair because she cannot stand or uses a Segway because she cannot sit.  But, putting that aside, I also do not think the case will ultimately result in Disney being required to allow Segways in its parks.  The bigger question is what, if any, effect the decision might have on other parks and family entertainment centers - particularly those that lack the seemingly limitless resources of Disney.

The Outrageous Reason The Disneyland Segway Ruling Should Never Have Occurred

On Wednesday, the Ninth Circuit Court of Appeals in California issued a ruling in a case called Baughman v. Walt Disney World ordering Disney to study the use of Segways at Disneyland.  The opinion is rather glib from start to finish.  Its opening line:  “Segways at Disneyland?  Could happen.”  Its ending line:  a quote from Walt Disney himself, “Disneyland will never be completed as long as there is imagination left in the world.”  While I seriously doubt that Walt was talking about the possibility of never-ending accessibility modifications under federal regulations, the bottom line is that the Court ordered Disney to determine whether “Segways can’t be operated safely in its parks.”  Whether Disney, the industry, or I agree with the Court’s legal analysis of the ADA or not is, at this point, largely irrelevant – in all likelihood, it is not going to change.  However, I did want to address a genuine and disturbing issue that this case raises; one that I have seen no coverage about or commentary on in any of the media reporting on this story:  the fact that, in issuing this decision, the Ninth Circuit essentially condoned the practice of abusive ADA litigation brought by plaintiffs who may, or may not, actually have the disability they claim.