A new class action lawsuit has been filed against the Walt Disney Company.
Disneyland
Disney’s Disability Access Service, better known as DAS, has received controversial updates in recent years. Disney’s changes have made the service even more limited, which has caused many people to be dissatisfied with Disney’s accommodations for those with disabilities. Now, a new class action has been filed against both the Walt Disney Parks and Resorts and Inspire Health Alliance in the state of California due to the changes that were made to DAS at both the Disneyland and Walt Disney World Resort.
DAS was originally offered to those with a wide range of disabilities. Before the changes in 2024, the service allowed those to enter the Lightning Lane line via a return time after they were approved for the service. However, in May of 2024 at Disney World and June of 2024 at Disneyland, the service changed as Disney wanted to tackle overuse of the service. The wording was adjusted to state that only select guests qualify for this service “due to a developmental disability like autism or similar disorder.”
Line for Space Mountain
This left many with non-developmental disabilities out of luck, and they were instead offered accommodations instead of DAS. These accommodations included being told to purchase Lighting Lane (or Genie+ pre-July 2024) or talk to Cast Members at each attraction to see what accommodations they could provide.
Line for Haunted Mansion
Since the changes were made in 2024, there have also been changes made to the way registration is done, as well as the length that DAS is good for before needing to re-apply. But just last month, Disney made another quiet change to its DAS wording. The Disney website previously 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.” Disney quietly updated the Disability Access Page’s language to remove the word “only,” which could impact who can access the service.
Line for Pirates of the Caribbean
The class action lawsuit Malone vs. Disney, filed in Orange County, California, alleges that Disney, along with Inspire Health Alliance (who helps Disney determine DAS eligibility), discriminated against and is still currently still discriminating against those with disabilities during the DAS interview process.
Line for WEB Slingers at Disney California Adventure
The lawsuit continues to say that under the Americans with Disabilities Act (ADA), those with disabilities are entitled to equal access, privacy, and dignity. The screening criteria is the leading cause for concern as it may have violated the California Unruh Civil Rights Act, the Health Insurance Portability and Accountability Act (HIPAA) guidelines, as well as privacy rights that are protected under the California Confidentiality of Medical Information Act (CMIA).
Disney California Adventure
Currently, if approved for DAS, it allows the individual who has a disability as well as three guests to enter the Lighting Lane of an attraction. There is a return time but no return window. Once redeemed, they must wait 15 minutes to book their next return time.
Lightning Lane entrance at Disneyland’s Mickey and Minnie’s Runaway Railway
We will continue to monitor any changes this lawsuit could bring to the future of DAS at both Disneyland and Disney World, so make sure to continue to follow along with DFB!
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I am so happy to hear about the Class Action Suit over DAS. It’s a shame that people WHO ARE disabled cannot use the pass as well. My husband has leukemia, vascular and pulmonary, heart, can’t be in the sun. I have rheumatoid arthritis and cannot stand in the lanes. Sure, we could vacation somewhere else but why should we. We have NEVER taken advantage of DAS but now we are being punished. We haven’t been back to Disney since the new regulations were instituted.
This needed to happen and I truly hope it results in change. I was treated abhorrently by a cast member during my interview for DAS. In fact, her behavior was abusive and discriminatory towards me. The ‘other accommodations’ like queue re-entry are completely inappropriate for many disabled people and not only burdensome, but potentially unsafe. Disney needs to be reminded that no company is invincible or above the law.
People always feel so entitled Disney should just take this out all together to avoid people wanting to sue all the time. My son has autism and a liver condition wich requires him to constantly go to the bathroom. I have Lupus, RA, scoliosis, neuropathy and a tumor and i have never used this service. I just buy the Genie+.
We don’t use DAS, but I think it’s terrible that people with physical disabilities were removed from the policy. I get that it was being abused/falsely used, but better validation is the answer, not excluding everyone with a physical disability. The existence of Shades of Green alone makes the policy incomprehensible – a disabled veteran should not have to go through the normal queue, and many truly can’t, with slopes, uneven ground, etc. I don’t normally like to disclose this, but I hold advanced degrees in psychology, and I work in the field. If Disney was concerned about abuse/false use of the system before, they have shot themselves in the foot. There are some practioners who, somehow, almost everyone they see or diagnose is on the spectrum. I’m not saying there’s an easy answer – I’m saying the right answer will take more of an investment than Disney is apparently willing or able to put in.
I will be visiting from February 23-27 2025 and was denied DAS for the first time in years. I will not disclose my medical history but I will say I was told purchasing a LL was an option but also that I should ask cast members at each ride if they will make an exception since my husband and I are a party of 2 which means he waits in line while I sit elsewhere due to my inability to stand in the lines. I think it’s sad that a cast member is allowed to decide if my husband and I spend the majority of our park days together or separated. I made it clear during my interview that I cannot wait as there are times I must have immediate access to an exit from the line if needed, the reply I got was you can leave the line. I dont know about you but it is not only very difficult to let alone not safe for me to turn around or backup and ask folks behind me to make room as I try to exit with my ECV. I. An assure not only will it be hard it’s not likely going to be a good result given the time it would take . I am going to go with my husband as planned and I will document the results of every ride we go in to see who decided to allow us stay together and return later at a specific time which is what DAS was supposed to do and always did. I feel not very welcome anymore. I understand some took advantage but in return I was always subjected to hate remarks and dirty looks when we came back for my return time as it was which is bad enough because of those who took advantage of it. It was so hurtful not to mention taking the bus back to our resort. Even when the bus driver told people in line who asked why I got to board first that this was Disney’s policy for obvious safety reasons I have taken a lot of harassment for that as well.
Something has to change. I’ve even offered to bring documentation and was told they can allow that because of hipa. I am seeking some answers as to why my right to enjoy the place I have visited hundreds of times in my life has now become another challenge I must endure because of the actions of others.
While I’m not a litigious person, I’m glad to see this suit being filed. If nothing else, it will bring even more attention to this matter. Of course, since Disney has caved to the political winds’ pressure to remove its DEI department, I think Disney is now in post-shame territory, and has moved beyond their ability to feel public embarrassment.
As a person with a disability, DAS was a total lifesaver! I have Multiple Sclerosis, and (among numerous other issues) cannot regulate my body temperature. This means that standing – or sitting in my wheelchair – in long lines in the sun has, in the past, caused me to collapse, lose my eyesight, or left me bedridden for the rest of the day. This is not even mentioning bathroom immediacy needs, and trying to weave my way out of packed, convoluted lines is very problematic.
That they even dare suggesting that people like myself purchase LL+ is insulting. First of all, why should I have to pay a surcharge to attend the parks merely because I am disabled? Additionally, a number of the rides included on LL+ are spinning rides (Dumbo, Teacups, the Carousel, Aladdin, etc.), which I cannot physically do since the onset of my disability, so I could only use maybe 2/3 of the rides on LL+ if I bought it.
I went to Disneyland recently. The Cast Members scheduling return times were super friendly and helpful, and the workarounds they have in place there were very accommodating and helpful as well. I’ve heard bad things about WDW on that front, though, so I haven’t been back since the DAS restrictions were implemented – and probably won’t, unless and until Disney makes some changes.
Here’s the thing – I have lost so much autonomy since the onset of my MS, and to be able to set my own return times on the DAS was a degree of control I truly miss. It may seem like a small thing, and I realize it may be difficult for able-bodied folks to understand (and even 10 years ago, I would’ve been one of you!), but having such a small degree of autonomy and control over my life in what was once my happy place was something I truly cherished.
I understand that the DAS system is so beneficial for those with legitimate conditions/issues even though the current way it is implemented is questionable at this time. A few bad apples ruined the DAS system for all in its previous format. We witnessed a few of those bad apples. A person in a wheelchair was told by another in their party to “make sure you limp when you get out of the chair… it needs to look bad”. Another situation we overheard: a young teenager was in a wheelchair asking why he needed to sit in it. The parent said it gets us on the rides faster. The dishonesty of some screws up the system for those in need.
Another issue is the three guests limitation. We travel with the party of 8 or 9 with a person that is on DAS and now we can’t do any rights together!!! The only times we can meet up is when we eat!
*rides together
If they accepted IBCCES, all of this would be a no brainer. Unfortunately my daughter has medical conditions that make it difficult for her to stand for long periods of time, now with the new rules, they tell us we are SOL. Therefore we miss out on a lot with no other choice for her.
We were denied DAS for my son back in November and we have never had an issue qualifying before. The new “solution” was laughable…if my son reaches his limit in line, pull him out of line and later rejoin family members when he is calmed down. It is pretty much impossible to get in and out of the longer queues even with cast member assistance and it inconveniences other people waiting in the line. It’s a way to force people to pay for Lightning Lane and Premier Pass.
I totally agree, DeDe. If all the Universal and Six Flags parks across the country can utilize IBCCES to verify those with true disabilities, what is holding Disney back? Stubbornness is the charitable answer – greed is the less charitable one.
This is a no win situation for Disney. If they try to help some people then those who aren’t helped complain. And they may have legitimate complaints, but Disney can’t please everyone. It just never happens. Wheelchair access was a totally different thing from DAS. At least it was when I broke my foot. I frankly hope they win this case because they don’t HAVE to make accommodations for anyone except those affected by ADA and that mostly deals with wheelchair access, which they have.
I’m curious as to see how this will pan out. Disney has fought tooth and nail defending lawsuits in the past, but they have also given up and settled without a fight. If anything, they need to revisit the policy and have medical professionals do the screening and approval like they do at Universal.
DAS NEEDS TO BE RESTORED TO WHAT IT WAS LAST YEAR BEFORE THE CHANGES IN 2024. MAKE A DR. NOTE OR VA DISABILITY LETTER REQUIRED. We had DAS for years, until last year when it expired, not renewed under new rules, applied once, it was utterly the most humiliating experience.
Christie – I hate to be the one to break it to you, but there are lots of hidden/invisible disabilities. I’m sure if you google it, you’ll find the info you’re looking for. Those cannot be fixed by a mobility device.
I have gotten DAS in the past but no longer eligible. So we are not visiting the parks.
Disney tracks everything you do. It would have been very easy for them to track what and how frequently former DAS holders used their pass and for what rides. Many with disabilities don’t or can’t do “e” ticket attractions, nor are they able to do rope drop to park close. We don’t want to go to the front of the line, we just want to wait our turn somewhere safe for ourselves and others.
It is disgraceful how Disney has been treating disabled people.
If they had a system of accepting medical records like Disney Paris or Universal, all would be well and people who deserve a DAS would get it and those without supporting medical records would not. I believe that would take care of the abuse of the system that happened in the past.
People should not have to be embarrassed and announce at every ride their symptoms in front of others guests to possibly be able to ride a ride.
My family and friends decided to not buy tickets or passes on multiple trips since the change becomes I couldn’t wait in love with them. Disney is losing a lot of money from people who no longer want to go due to the discrimination. I think Disney will eventually figure out that charging for Lightning lanes will not equal the money lost from people no longer going until the discrimination stops.
I hope a higher up will remember Disney used to be inclusive.
If they accepted IBCCES, it might solve the issue. My daughter has several conditions that affect her daily life in limited ways. A nice day at the park would be nicer if she could enjoy it to her physical abilities. Instead we spend our time wandering, snacking and enjoying the same short wait rides for it’s her only time we able to just away from it and have mommy/daughter time.