Disney Disability Access Lawsuit: Are the New Policies Excluding Guests?

Case Overview: A class action lawsuit claims Disney's revised Disability Access Service (DAS) unfairly excludes guests with disabilities and violates privacy laws.

Consumers Affected: Individuals with disabilities who have been denied access to or unfairly limited by Disney's DAS program.

Court: California Superior Court, County of Orange

Changes to Disney’s Disability Access Service (DAS) have led to a lawsuit claiming the updated policies unfairly exclude individuals with physical disabilities.

Trisha Malone, a San Diego resident, filed the lawsuit in California, alleging that Disney’s revised eligibility requirements violate the rights of disabled guests. The complaint argues that the new system forces individuals to disclose private medical details and sign restrictive agreements before being considered for accommodations.

Disney's New DAS Policy Restricts Access for Guests with Disabilities

Malone’s lawsuit states that Disney altered its DAS program at Walt Disney World in May 2024 and at Disneyland in June 2024. Under the previous system, guests who had difficulty waiting in traditional lines could request DAS, which allowed them to book return times for attractions instead of standing in line.

The updated requirements now limit the service to individuals with developmental disabilities that prevent them from waiting in standard queues. Guests with mobility impairments or other conditions who previously qualified have reportedly been denied.

Guest Reports of Being Turned Away

Many park visitors say they have been affected by these changes. According to the lawsuit, individuals with physical disabilities have been told they no longer qualify and should purchase Genie+ or Lightning Lane passes instead. Some guests have also reported being advised to practice standing in line at home to prepare for their visit.

Malone argues that the revised program places unfair restrictions on individuals who need accommodations. The lawsuit claims that guests who previously relied on DAS now face obstacles that limit their ability to enjoy the parks.

Concerns Over Medical Privacy and Legal Waivers

According to the complaint, Disney requires guests to disclose sensitive health details during the DAS registration process. The lawsuit claims this violates privacy rights under the Health Insurance Portability and Accountability Act (HIPAA) and California’s Confidentiality of Medical Information Act (CMIA).

In addition, Malone states that Disney forces guests to sign a waiver before they can even apply for the program. The lawsuit alleges that this document prevents individuals from disputing the company’s decisions regarding their eligibility.

Smaller Groups Allowed Under DAS

Changes to the program also affect how many people can accompany a DAS-eligible guest. The new system limits groups to four people, including the individual receiving the accommodation. Under the previous system, larger groups could stay together when using DAS.

The lawsuit claims this adjustment makes it harder for families and caregivers to visit the parks as a unit, creating additional barriers for those who require assistance.

Disney Faces Other Legal Battles

This case is one of several legal matters involving the company. In December, Disney reached a $43.25 million settlement in a lawsuit alleging gender pay discrimination. The case claimed female employees in California were paid less than their male colleagues in similar roles. The agreement, which awaits court approval, covers more than 14,000 women employed by Disney since 2015.

In the Disney disability access class action lawsuit, Malone seeks to represent all individuals who applied for DAS at Disneyland or Disney California Adventure on or after June 18, 2024. The lawsuit argues that Disney’s new policies violate the California Unruh Civil Rights Act, which guarantees equal access to public spaces. Malone is requesting that Disney revise its DAS policies and provide compensation to individuals who were denied access or required to purchase additional services.

Case Details

• Lawsuit: Trisha Malone v. Walt Disney Parks and Resorts U.S., Inc. et al.
• Court: California Superior Court, County of Orange

Plaintiffs' Attorneys

• Michele M. Vercoski, Yasmin N. Younessi, Gavin P. Kassel (McCune Law Group, McCine Wright Arevalo Vercoski Kusel Weck Brandt, APC)

Have you been affected by the changes to Disney's Disability Access Service? Share your experience in the comments below.