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

Brenda bjnite at windstream.net
Fri Jul 15 21:37:26 UTC 2011


I was at Disney this May with my husband.  I found the staff courteous 
but not knowledgable regarding the handheld devices.  They kept trying 
to give me the close captioned for the hearing impaired.  In fact, at A 
Bug's life we were marched down front so they could give me a stand for 
a close caption device even though I was using my cane.   the first day 
I got a device the cast person had no idea how to use it and I took my 
first device being afraid to push any buttons.  I also did not find the 
device worked in that many areas where I went so I finally quit getting 
them each day.

The website is very difficult for me to navigate so I just let my 
sighted husband do all the research even though I am usually better at 
that type of thing.

I did find the cast members very helpful and willing to do whatever they 
could to help me within their ability and knowledge.
Brenda

On 7/15/2011 8:22 AM, Marion Gwizdala wrote:
> Dear All,
>    Since we were in Orlando for convention and Disney provided the 
> talent for our opening ceremonies, an official from Disney spoke to 
> the convention and demonstrated a hand-held device that helps orient 
> blind people to their park. It was very impressive and I cannot wait 
> to take our granddaughter to the Magic Kingdom sometime soon!
>
> Fraternally yours,
> Marion
>
>
>
> ----- Original Message ----- From: "Albert J Rizzi" 
> <albert at myblindspot.org>
> To: "'NAGDU Mailing List, the National Association of Guide Dog 
> Users'" <nagdu at nfbnet.org>
> Sent: Thursday, July 14, 2011 9:02 PM
> Subject: Re: [nagdu] Class Action Plaintiffs Allege Disney Parks and 
> ResortsDiscriminates Against Visually Impaired
>
>
>> Well, then reach out to Disney and share these thoughts with there legal
>> team. It sounds as if Disney is doing  what they need to do once they 
>> are
>> asked to do it. so, if anyone feels inclined to stand up for the 
>> attention
>> to detail and service provided as a blind customer, then help Disney by
>> sharing your positive thoughts on the matter.
>>
>> Albert J. Rizzi, M.Ed.
>> Founder
>> My Blind Spot, Inc.
>> 90 Broad Street - 18th Fl.
>> New York, New York  10004
>> www.myblindspot.org
>> PH: 917-553-0347
>> Fax: 212-858-5759
>> "The person who says it cannot be done, shouldn't interrupt the one 
>> who is
>> doing it."
>>
>>
>> Visit us on Facebook LinkedIn
>>
>>
>>
>> -----Original Message-----
>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On 
>> Behalf
>> Of Jewel
>> Sent: Thursday, July 14, 2011 7:34 PM
>> To: NAGDU Mailing List,the National Association of Guide Dog Users
>> Subject: Re: [nagdu] Class Action Plaintiffs Allege Disney Parks and 
>> Resorts
>> Discriminates Against Visually Impaired
>>
>> I'm scrsure, there's not Braille for everything...where is there? But
>> I had no problem in the parks with my legally blind boyfriend (I am
>> almost totally blind myself). Cast members helped us to the right
>> line, helped us figure out food service lines, gave us a full menu via
>> voice (even when there was a long line behind us) and in general were
>> really great. I don't understand all of this lawsuit and I don't
>> believe it is totally correct. I am wondering why these three were
>> treated differently than jmy boyfriend and I were, because man we had
>> an awesome time and all of the cast members were very helpful and
>> patient with our needs. I used their new audio description service and
>> it was very awesome...
>>
>> I'd like to hear more about this, because really I don't see wherre
>> the problem is other than the lack of places for guide dogs to go...
>>
>> ~Jewelatching my head here...
>>
>> On 7/14/11, Tami Kinney <tamara.8024 at comcast.net> wrote:
>>> 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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