Disabled Disneyland Visitor Sues Over New, Stricter DAS Pass
New Standards for Disability Access Service (DAS) Pass
San Diego resident Trisha Malone applied for a disability exemption at a booth just outside the Disneyland and California Adventure theme parks in July. The Disability Access Service, or DAS, pass she wanted would have allowed her to avoid waiting in time-consuming lines for popular Disney rides.
Malone met with personnel representing Disney for her DAS application interview. In that public setting, they solicited private medical information from the disabled woman.
After a short exchange, Malone was rejected, as her disability did not meet new, stricter DAS standards.
Class-Action Lawsuit Filed
That denial was detailed in a 32-page class-action complaint Malone filed against Walt Disney Parks and Resorts along with partner Inspire Health Alliance in Orange County Superior Court on Monday.
Malone’s complaint claims Disney breached confidentiality and invaded her privacy, and violated the Unruh Civil Rights Act and several California civil rights codes.
New DAS Standard “Unlawfully Excludes Individuals with Other Disabilities”
The woman’s attorneys claim in the complaint that the new DAS pass standard “unlawfully excludes individuals with other disabilities.” The complaint did not provide any details on the plaintiff’s disability.
She is asking Disney to revert to a previous, less restrictive version of DAS pass enforcement. She is also looking for statutory damages, restitution, and the cost of attorney’s fees.
Disney’s Response
A Disney spokesperson, who asked not to be named, said the park strives to provide a great experience for its disabled visitors.
“Disney offers a broad range of effective disability accommodations and has worked extensively with experts to ensure that our guests’ individual needs are properly matched with the accommodation they require, and we believe the claims in this complaint are without merit,” the spokesperson said.
DAS Pass Not a License to Skip Waiting
Disney’s DAS pass is not a license to skip waiting. Rather, it provides a pass holder a return time for an attraction, where they’ll be placed in line with those who have paid for express, or Lightning Lane, access.
Changes to DAS Qualifications
In April, Disney announced it was changing the DAS qualifications. The new wording noted that the DAS program, then the most popular at the park, was “intended to accommodate 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.”
The changes went into effect May 20 at Disney World and June 18 at Disneyland.
Older standards were much broader, for guests “who have difficulty tolerating extended waits in a conventional queue environment due to a disability.”
Older Standards Requested
Disney said that as a result of that language, the program’s usage tripled between 2019 and 2024.
It’s these older standards that Malone is requesting.
Inspire Health Alliance and Unnamed Disabled Clients
Malone is suing on behalf of several unnamed disabled clients denied a DAS pass since June 18. She included Inspire Health Alliance, which the lawsuit claims provided nurse practitioners who collaborated with Disney staff to determine DAS pass worthiness.
Accommodations Offered by Disney
Disney has maintained in previous interviews with The Times that it offers many accommodations for its disabled guests.
Those include a sensory experience guide to indicate which parts of the park have loud noises, darkness and bumpiness, which rides are fast and which lift off the ground. Disney also offers sign language interpreters, wheelchair and scooter rentals, assistive handheld captioning and video captioning on some rides, and dialogue and narration of scripts on others.
Conclusion
Malone’s lawsuit aims to address the concerns of disabled individuals who were denied access to the DAS pass under the new, stricter standards. The outcome of the case will have significant implications for Disney’s disability accommodations and the rights of disabled individuals in California.
FAQs
Q: What is the Disability Access Service (DAS) pass?
A: The DAS pass is a service provided by Disney for guests with disabilities, which allows them to avoid waiting in time-consuming lines for popular Disney rides.
Q: What are the new DAS pass standards?
A: The new standards require guests to have a developmental disability like autism or similar, and be unable to wait in a conventional queue for an extended period of time.
Q: What are the accommodations offered by Disney for disabled guests?
A: Disney offers a range of accommodations, including a sensory experience guide, sign language interpreters, wheelchair and scooter rentals, assistive handheld captioning and video captioning on some rides, and dialogue and narration of scripts on others.
Q: What is the purpose of Malone’s lawsuit?
A: Malone’s lawsuit aims to address the concerns of disabled individuals who were denied access to the DAS pass under the new, stricter standards and to require Disney to revert to a previous, less restrictive version of DAS pass enforcement.