ANAHEIM – How do you let visitors with autism, who sometimes have great trouble waiting in line for theme park attractions, go to the front while thwarting other guests who cheat?
Disney said it tried to solve the issue in October with a new policy, igniting furor from some quarters.
Last week, 16 families with autistic children filed a lawsuit against Walt Disney Parks and Resorts, which includes Anaheim’s Disneyland and Disney California Adventure, saying the new policy violates the Americans with Disabilities Act.
The suit, which was filed in Los Angeles, seeks an unspecified amount of money and a policy reversal. It says the current policy has become too narrow and doesn’t even allow individualized exceptions for some guests, based on the severity of their disabilities.
Disney officials dispute that take, saying other disabled guests have said that they can work with the new policy.
Other Southern California theme parks have similar policies.
Previously, Disney guests with disabilities and their groups would get a pass allowing them to skip the line on most rides. But at least some people apparently cheated, hiring disabled tour guides or using Disney cards that had been given to someone else – an issue highlighted by NBC-TV’s “Today” show.
The new system, which Disney says is meant to stop such abuses, gives guests a Disability Access Service Card, with a photo ID. It works somewhat similar to the park’s FastPass system: Guests get assigned times and can come back for the ride, bypassing the traditional queue.
Disabled visitors, and up to five guests, can get one special pass with a specific time to board, as well as the regular FastPass tickets at the same time.
“It does (violate the law), because the new system doesn’t provide an individualized assessment,” said Eugene Feldman, one of two lawyers representing the plaintiffs, who are not named in the lawsuit to protect the children’s privacy.
Disney officials say they do assist visitors, depending on their specific needs.
“Our Disability Access Service is designed for guests who, due to certain disabilities, cannot tolerate extended wait times at attractions,” Disney said in a statement. “In circumstances where the service might not meet guests’ needs, we work individually with guests to ensure we are able to accommodate them.”
“Disney Parks have an unwavering commitment to providing an inclusive and accessible environment for all our guests,” the Disney statement said. “We fully comply with all ADA requirements and believe that the legal claims are without merit.”
When the policy change prompted discussion on unofficial Disney blogs, many disabled guests, and especially parents of autistic children, complained and started petitions to dismantle the rules.
Disney officials reached out to the Autism Society of America after the complaints began, said Scott Badesch, the society’s president and chief executive. Some members were chosen at random to go to Disney parks to give feedback without knowing how their reports were being used. He said Disney was open to input.
Badesch said he saw some positive reports, although he is unsure if that represents all of the guests.
“The issue with autism is, autism is a large spectrum,” Badesch said. “So no two people react the same exact way.”
The problem, Feldman said, is that the new system requires guests to wait – just not in line – something an autistic child cannot do. “Because of their autism spectrum disorder, they’re not capable of waiting without melting down,” he said.
Paula Pearlman, executive director of the Disability Rights Legal Center at Loyola Law School, said a court will have to decide whether Disney is following ADA requirements by dealing with visitors based on their own needs – and not just making a blanket rule.
“It can’t be a one-size-fits-all policy,” said Pearlman, who worked on an unrelated lawsuit against Disneyland. “And it has to be individualized.”
Local parents of autistic children, who are not involved in the lawsuit, said they have had mixed experiences.
Lisa Ackerman, who runs the Irvine nonprofit Talk About Curing Autism and whose 17-year-old son has autism, said about half of the parents she encounters have children who cannot return to Disneyland because of the policy change.
“The hardest thing with kids on the spectrum is physically they look like a neuro-typical kid,” Ackerman said. “They’re not in a wheelchair. They don’t have crutches. People don’t understand it.”
Rebecca Goddard, of Mission Viejo, has two autistic sons, 5 and 7. The family has had season passes to Disneyland for two years. Since the policy change, her sons have had a couple of meltdowns at the parks, she said.
While some employees have been helpful and accommodating, Goddard said, others have not.
“It just doesn’t seem like they want those kids there,” she said. “They’re not being respectful of these kids and their families, and they’re treating them like they’re the burden.”
But Laurie Rodriguez of La Mirada, whose 15-year-old daughter, Jordan, has autism, said she was at first worried about the policy, but it has worked fine during weekly visits to Disneyland. Rodriguez said she times her arrivals at rides so that Jordan isn’t standing in one spot, which prompts meltdowns.
“I’m really surprised to hear they are getting sued, because Disneyland has always been very good,” Rodriguez said. “It takes a little planning, but it’s OK. It works. I’m just happy to have that for her or she wouldn’t be able to go at all.”
Staff writer Deepa Bharath contributed to this report.
Contact the writer: 714-704-3771 or rkheel@ocregister.com
