Trisha Malone, a San Diego resident, found herself at the center of a controversial issue last July when she applied for a Disability Access Service (DAS) pass at Disneyland and California Adventure theme parks. The pass would have allowed her to bypass long queues for popular rides, a common benefit for individuals with disabilities seeking to enjoy the parks. However, her application was met with unexpected obstacles, sparking a legal battle that has garnered attention from the public and legal experts alike.
Challenging the Status Quo
During her interview with Disney personnel for the DAS pass, Malone was asked to disclose private medical information in a public setting, a practice that raised concerns about privacy and confidentiality. Following the interview, she was informed that her disability did not meet the new, stricter standards set by Disney for the pass. This rejection prompted Malone to take legal action, filing a 32-page class-action complaint against Walt Disney Parks and Resorts in Orange County Superior Court, alongside partner Inspire Health Alliance.
In her complaint, Malone alleges that Disney’s new DAS pass standards unlawfully exclude individuals with disabilities other than those specified, a claim that underscores the broader impact of the policy change on the disabled community. By challenging the legality of Disney’s actions under the Unruh Civil Rights Act and California civil rights codes, Malone seeks to hold the corporation accountable for what she perceives as a violation of her rights and those of others in similar situations.
A Call for Change
As the lawsuit unfolds, experts weigh in on the implications of Disney’s revised DAS qualifications and the potential ramifications for disabled guests. The changes, implemented in April, narrowed the eligibility criteria for the pass, limiting it to individuals with developmental disabilities that prevent them from waiting in traditional queues for extended periods. This shift marked a departure from the previous, more inclusive standards that accommodated guests with various disabilities affecting their ability to tolerate long wait times.
Critics of Disney’s new policy, including Malone and her legal team, argue that the screening process and eligibility criteria disproportionately impact individuals with physical disabilities, contravening California’s Unruh Act and the Americans With Disabilities Act (ADA). By highlighting the discriminatory nature of the revised standards, the lawsuit sheds light on the complexities of providing equitable access to individuals with diverse disabilities in public spaces.
In response to the legal challenge, Disney maintains that it offers a range of accommodations for disabled guests, including sensory experience guides, sign language interpreters, wheelchair rentals, and other services aimed at enhancing the park experience. Despite these offerings, Malone’s attorneys contend that the existing accommodations fall short of providing equitable access and may pose logistical challenges, emotional distress, and safety risks for disabled individuals seeking to fully participate in park activities.
As the legal battle between Trisha Malone and Walt Disney Parks and Resorts unfolds, the outcome of the case will undoubtedly have broader implications for disability rights and accessibility in public spaces. By raising awareness of the challenges faced by individuals with disabilities in navigating theme park environments, the lawsuit underscores the importance of inclusive policies and accommodations that prioritize the needs of all guests, regardless of their physical or cognitive abilities.
