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

Mon Jul 18 17:49:36 UTC 2011

depends on how the product is demoed and who demos it.

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Julie Phillipson
Sent: Friday, July 15, 2011 8:28 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Class Action Plaintiffs Allege Disney Parks and ResortsDiscriminates Against Visually Impaired

They said this new device was not available until July 6th. which was while
the convention was still there.  Its a new device and what the guy demoed
worked very well giving allot of detail of what is around you and
descriptions of things.  Demo's are, or at least usually always better than
the real thing though.
Julie Phillipson
----- Original Message -----
From: "Brenda" <bjnite at windstream.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users"
<nagdu at nfbnet.org>
Sent: Friday, July 15, 2011 5:37 PM
Subject: Re: [nagdu] Class Action Plaintiffs Allege Disney Parks and
ResortsDiscriminates Against Visually Impaired

>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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>>>>
>>>>
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>>
>>
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