Disney Facing Class Action Lawsuit Over Disabilitly Pass (DAS) Changes

We all knew it was inevitable. Disney changed its Disability Access Pass (DAS) guidelines to limit the number of people who could receive assistance. Many who were truly in need of the accommodation were denied, and now there is a class-action lawsuit against both the Walt Disney Company and Inspire Health Alliance, LLC.

Inspire Health Alliance, LLC. is the company Disney has hired to screen guests and determine if they qualify for the DAS service.

If pushed through, this lawsuit will be open to anyone denied DAS on or after June 18, 2024, when Disneyland’s changes went into effect. Walt Disney World’s policies started in May.

Since Disney changed the service to only allow for more profound autism or similar, many have taken to the internet to protest. There even was a very popular Change.org petition about the situation.

Yesterday, a class action suit, Malone vs. Disney, was filed in Orange County, California.

In the lawsuit, they claim that “Disney’s Disability Access Service (DAS) policies and practices systematically discriminate against individuals with physical disabilities and violate their
rights to equal access, privacy, and dignity.” They also argue that the system is flawed,

“This class action lawsuit challenges Disney’s Disability Access Service (DAS) accommodation, privilege, and advantage, alleging that itsscreening eligibility criteria violates the rights of individuals with physical disabilities under the California Unruh Civil Rights Act, infringes upon Health Insurance Portability and Accountability Act (HIPPA) guidelines, state privacy rights under the California Confidentiality of Medical Information Act (CMIA), and contains deceptive terms and conditions that contravenes the Consumer Legal Remedies Act (CLRA) as well as California Business and Professions Code § 17200. DAS allows guests with eligible disabilities to request return times for attractions instead of physically waiting in line.”

The lawsuit aims to target four big complaints with the new process.

1. Terms and Conditions 

Under the new system, guests were required to agree to Disney’s terms and conditions before they were allowed to move forward in the process. The potential DAS user had to agree not to participate in a class action lawsuit, which in and of itself seemed fishy.

Here is what the ToS said,

“I understand that after an individualized decision regarding my personal circumstances I may be offered DAS, alternative accommodations, or no accommodations 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.“

Disney’s attempt to try and avoid class action lawsuits is listed as “deceptive” and “unenforceable.” It also allegedly violates the California Business and Professions Code.

How the ToS was presented does not qualify as an arbitration agreement under the FAA. The verbiage has no provisions outlining conditions for “arbitration, mediation, or any other alternative dispute resolution.”

As someone who has signed agreements allowing for arbitration, I can tell you that steps, including location, selection of arbiter, etc., usually need to be mutually agreed upon.

2. Privacy

The second issue being filed over, labeled PHI Disclosure Subclass, is regarding alleged privacy violations.

It is being argued that guests were required to provide sensitive medical information to Inspire Health Alliance LLC. without the proper privacy protections. As a result, other Cast Members and nearby guests could overhear the sensitive information.

3. Denied DAS 

This one has two parts. The first part is the DAS Accommodation Subclass, which applies to all physically disabled guests who were denied DAS after Disney revised its criteria on or after June 18, 2024.

4. The second part is the DAS Denied Subclass. This applies to all guests with disabilities who were denied DAS but then instructed to use Disney’s alternative accommodations. Alternatives included options like Attraction Queue Re-Entry, Meet-Up, Rider Switch, or Location Return Times. It is argued that these were not equitable access offerings as they “imposed undue burdens, logistical challenges, emotional distress, and safety risks.”

Anecdotally, there have been stories with guests being told to pay for Lighting Lane Access to make the lines shorter and boost Disney’s profits. Other stories indicated they were told to “practice standing in line at home.”

What is the Lawsuit Seeking?

Ultimately, the lawsuit is seeking the following resolutions:

• Certification of the proposed classes and subclasses outlined in the document, as well as an acknowledgment that the policies violate the Unruh Act, CMIA, and Californian Law.
• An injunction requiring Disney to revise the DAS program to comply with California laws and to also remove “misleading eligibility criteria.”
• Ensure equitable access for those with disabilities.
• Restitution and statutory damage, including attorney fees and costs.
• Other relief the Court deems is fair.

Can the Class Action Suit win?

It is possible that the suit could indeed win against Disney, but I think each section has different odds.

The misleading terms of service could be beaten. They clearly do not present the proper methodology and look like a scare tactic to attempt to force those with disabilities to agree to their terms in exchange for better accessibility.

Privacy might be a bit harder to argue because, prior to the changes, guests would go up to Cast Members at Will Call and request the DAS Pass. Under those circumstances, guests were disclosing their personal information and conditions for years and did not file suit. It may be harder to win here.

Acceptable accommodations in lieu of DAS. Under the ADA, Disney is required to provide accommodations for guests with disabilities. In this case, they are providing alternatives. DAS just allows for return-time access to attractions. Guests wait for specified times equal to the wait time for everyone else. Then, they are allowed to go to the front of the line to access the attraction.

This system was already more fair than the previous one because it allowed for equitable wait times. Under the new accommodations, guests with disabilities can still wait outside the line while members of their party stand in line for them. The issue is that it is not always easy to switch out guests with disabilities in the line. However, accommodations are being made, and guests with disabilities do not have to remain in an area that could cause them harm.

Disney will argue that they are indeed providing accommodations similar to those of DAS guests. This is indeed similar, but if someone is traveling alone or with one or two caregivers, it could cause issues. Which is one of the aspects the lawsuit argues.

Disney has won in the past

We shall see what happens. But Disney has prevailed in the past. When the GAC (Guest Access Card) was replaced with DAS Disney was sued and won. GAC allowed people to skip the line immediately and often, but DAS required guests to wait for a return time. They were sued over ADA accessibility and won.

What do you think? Comment and let us know!