[nagdu] Class Action Plaintiffs Allege Disney Parks and Resorts Discriminates Against Visually Impaired

[Tami Kinney]

Huh. Wow. I am glad to hear that Disney is being held to account and
that these issues are being addressed. But...

Here's what I'm starting to wonder: Why, at this stage in the game, are
there no monetary damages or even penalties assessed in cases like
these? I understand why this was the practice during the early years of
the ADA and the other laws that protect us and that grant us the access
we need to live as full citizens with the independence and freedoms
others take for granted. However... It's been 20 years. Businesses have
had plenty of time to learn the law, to upgrade their facilities, to do
all those things they are required by law to do so that we can spend our
money enjoying the services and products they provide just like
everybody else. But according to the report of this single case, as well
as reports of others and experiences elsewhere, they just haven't
bothered.  Because they clearly don't have the  incentive to obey the
law, instead requiring three blind women to take time and energy  and
probably a fair amount of expense to sue them in order to have a court
tell them to do what they should and could have done in the first
place. 

I dunno. I'm new enough to blindness and learning how to face my own
smaller instances on a personal level, as well as to the movement and
the finer details of that history underlying the grand bursh stokes I've
observed in passing on the service that I am still developing in my
personal philosophy about it all. Seing the surface of the work so many
others have been doing all these years so that I could have my
expectations crashed by realizing how much of what is on paper has
nothing to do with with the reality caused me a lot of shocks at first.
And they get away with all of this, do they? Still???  Now, I am over
feeling surprised, just sort of weary and jaded, learning how to pick my
battles and learning from the battles of others. Well, recovering from
what passes for VR here in the great state of Oregon has pretty much
*been* my battle. As I continue that recovery of layer after layer of
what used to be my life, blidn and all, I can finally start developing a
true strategic plan for how, where and when I can do my part to prevent
what happened to me from happening to others and to deal effectively
with the issues I will begin to face again as I move about more in the
world. So I'm doing a lot of cogitating about it all. And thinking that
including monetary damages when if comes to time to go to court is, by
now, a more effective plan than simply asking whoever it was who was
breaking the law to simply stop doing that. Hm...

Just my thoughts. /smile/

Tami

On Thu, 2011-07-14 at 09:08 -0400, Ginger Kutsch wrote:
> Class Action Plaintiffs Allege Disney Parks and Resorts Discriminates
> Against Visually Impaired
> 
> Orman Kimbrough, Jr.Attorney
> 
> (866) 735-1102 Ext 343Posted by Orman Kimbrough, Jr.July 13, 2011 
> 
> URL:
> http://orlando.injuryboard.com/miscellaneous/class-action-plaintiffs-allege-
> disney-parks-and-resorts-discriminates-against-visually-impaired-.aspx?googl
> eid=291998
> 
>  
> 
> A federal judge Dolly Gee has certified a class action lawsuit against
> Disney Parks and Resorts on behalf of plaintiffs Cari Shields, Amber Boggs
> and Teresa Stockton who claimed Disney discriminated against visually
> impaired guests. The lawsuit against Disney and its many theme parks does
> not seek monetary rewards, but was broken down into ten different classes in
> order to identify ten different issues that would have to be accepted as
> widely viewed complaints against those who are visually impaired and toured
> Disney theme parks such as Disney's MGM Studios. The Court reviewed
> complaints made in order to justify the requirement that enough guests have
> had the same experiences as the plaintiffs.
> 
>  
> 
> 
> 
> The plaintiffs identified ten different classes as sources of issues for the
> legally blind named in the class action suit against Disney. The Court
> ultimately found five to withstand all the requirements to be able to more
> forward with.
> 
>  
> 
> 
> 
> The plaintiffs alleged there is lack of Braille, large-print or other
> alternative signs, menus, maps and theme park schedules to be found around
> various Disney resorts. The plaintiffs have further alleged that Disney cast
> members have refused to read menus to them.
> 
>  
> 
> 
> 
> Disney argued that its park had designated areas for service animals to
> defecate within the park, but the Court sided with the plaintiffs on the
> inability to locate area for service animals to defecate. One plaintiff
> recalled being told by a Disney cast member that she must take her service
> dog to the kennel located at the front of the park, while another guest
> noted that the spot designated for service animals was extremely remote.
> 
>  
> 
> 
> 
> The Courts agreed with the plaintiffs' allegations that Disney Parks refuses
> to offer cast members to assist visually impaired guests inside the park,
> and that they must bring someone with them and pay full price of admission.
> Disney had argued that those assisting visually impaired should be paid
> medical personnel and not friends or family that would otherwise enjoy
> amenities of the theme parks.
> 
>  
> 
> 
> 
> The plaintiffs alleged discrimination against the visually impaired because
> some guests have been denied access to the handicap parade viewing areas,
> simply because they were not confined to wheelchairs.
> 
>  
> 
> 
> 
> The Court also agreed that Disney websites are incompatible with screen
> reading software that assists visually impaired. Flash on websites
> automatically renders screen reading software unusable as there was no
> alternative website compatible with those programs.
> 
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