Florida Federal Judge Dismisses Second Disability Discrimination Suit Against Disney Based On Virtual Wait For Autistic Individuals
D.M. was a 15-year-old non-verbal autistic individual that communicated through an iPad. His mother, C.M., claimed that his cognitive impairments necessitated routine, order, and consistency and prohibited idle waits of more than a few minutes. Such idle time would cause him to have a melt-down involving throwing himself on the ground, biting, and/or hitting. Prior to Oct. 9, 2013, defendant Walt Disney Parks and Resorts U.S., Inc., would issue a Guest Assistance Card (GAC) to certain disabled park guests that would allow the guests and their party nearly unlimited access to rides through backdoor entrances or fast-pass lines. The system was eliminated because of alleged abuse, and the Disney Disability Access Service (DAS) was put in its place. The DAS allowed guests with disabilities, such as autism, to "virtually wait" for attractions without standing in lines. Users could visit other rides or park attractions while waiting for their return time. C.M. claimed that the DAS system was not a reasonable accommodation of D.M.'s disability.
Plaintiff filed an amended complaint against defendant on Nov. 19, 2014, in the United States District Court for the Middle District of Florida, asserting claims under the Americans with Disabilities Act and seeking injunctive relief in the form of additional accommodations. Defendant filed a motion for summary judgment on June 1, 2016.
Judge Anne C. Conway granted defendant's motion on Sept. 22, 2016, finding that defendant provided plaintiff an opportunity to gain an experience at its parks similar or better to that of non-disabled guests. Judge Conway dismissed a similar autism-bias suit against Disney in April of 2016.
The case is D.M. and C.M. v. Walt Disney Parks and Resorts U.S., Inc; 2016 Jury Verdicts LEXIS 7486
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