Disney’s Disability Access Program Is Faced with a Lawsuit

When Disney first announced the big changes and restrictions coming to the Disability Access Program (DAS), many voiced concerns that this may lead to legal cases. A class action lawsuit has now been filed with a lengthy list of violations. Check out the full details for these claims.

What is DAS

Guests who cannot wait in a physical standby queue for long periods may benefit from Disney’s Disability Access Service. Both Walt Disney World and Disneyland announced big changes for those eligible for DAS.

They stated that this will help ensure DAS is used fairly by those who truly need it. Check out these changes HERE. We recently hoped that changes may be coming to DAS with a subtle change that removed the word “only” from the phrasing.

The previous wording stated, “DAS is intended to accommodate ONLY those Guests who, due to a developmental disability like autism or similar, are unable to wait in a conventional queue for an extended period of time.” Now the word “only” (in bold above) is removed from this phrasing.

Will Malone vs Disney Affect DAS

It now appears that the removal of “only” could be due to legal troubles. In California, a class action lawsuit has now been filed against Walt Disney Parks and Resorts and Inspire Health Alliance. The plaintiff, Malone, is a resident of San Diego and an individual with physical disabiity as defined under the Americans with Disabilities Act (ADA).

This class action lawsuit challenges “Disney’s DAS policies and practices that systematically discriminate against individuals with physical disabilities and violate their rights to equal access, privacy, and dignity” under the ADA.

The lawsuit also includes “other situated individuals” who were denied DAS after applying on or after June 18, 2024 (when the DAS changes first came into effect at Disneyland), for Disneyland and/or California Adventure. There are also claims of HIPPA violations when those applying for the DAS program had to state private health information in a setting they felt was “without regard for privacy.”

There are also claims of violation of the California Unruh Civil Rights Act requiring guests to complete an interview process with criteria that disproportionately affected individuals with physical disabilities.

Will More Lawsuits come because of DAS

When guests apply for Disney’s DAS, they must sign a waiver before their eligibility interview begins stating, “…I agree that any lawsuit I may file, or participate in, challenging this decision, the individual 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.”

Malone vs Disney Parks and Resorts and Inspire Health Alliance lists ADA, HIPPA, and the California Unruh Civil Rights Act.

This is labeled “coercive” because applicants had to agree to this to be considered for DAS. The lawsuit claims, “This arrangement exploits the vulnerability of disabled individuals and imposes additional barriers to access that violate California’s public policy.”

It will be interesting to see how this may affect Disney’s DAS program at both Walt Disney World and Disneyland.

What do you think of this class action lawsuit? Do you think this may bring changes to Disney’s DAS program? Share your thoughts with us and share this news with your Disney pals.