POLL Disney and disabilities when the open again

[tarheelalum]

A coworker/passholder and I were discussing Disney yesterday and he said he cannot wait to return to the parks with his family. We were discussing the likely restrictions Disney will require and I told him I felt it was not worth the hassle. He has a child with autism and he told me the boy would not do well with a mask. I told him they would likely require him to wear one and he told me that would be illegal under the ADA due to his child's disability prevents him from tolerating one. He said they would not tolerate his child being discriminated against under any circumstance. I did not discuss it any further as he is very sensitive to anyone or any sort of treatment that he feels is a slight to his son and his opportunities in life. But I wonder how Disneyland will deal with this issue. Disney in general has been very accommodative of disabilities in the past but do you think that will continue? It does not appear children have a very difficult time with this virus and the ADA is clear that private businesses cannot discriminate against people with disabilities. So how do you think Disney will ultimately handle this dilemma?

[Mr Wiggins]

Sadly, as long as there is no effective way to screen every DLR customer every day to guarantee that they are COVID-free, Disney will have no choice but to protect its legal liability by adopting and enforcing rules that follow maximally conservative medical guidelines. Currently that means masks for all; although the rules will likely stiffen as the death toll mounts. One viral video of one unmasked kid who turns out to be asymptomatically infected, coughing in front of a family who get infected and have members die, and it's all over for Disney Parks -- they'll face a tsunami of individual and class-action lawsuits.

[linkeq2001]

Sadly, as long as there is no effective way to screen every DLR customer every day to guarantee that they are COVID-free, Disney will have no choice but to protect its legal liability by adopting and enforcing rules that follow maximally conservative medical guidelines. Currently that means masks for all; although the rules will likely stiffen as the death toll mounts. One viral video of one unmasked kid who turns out to be asymptomatically infected, coughing in front of a family who get infected and have members die, and it's all over for Disney Parks -- they'll face a tsunami of individual and class-action lawsuits.

They will also face a litany of lawsuits if they try to enforce any sort of restrictions on those with disabilities, it is gonna be a lose lose situation for Disney and many other companies moving forward. No real great answer I think.

The rules around disabilities are always so tenuous, and there is always a push pull between what is "equal and fair" all the way back to the GAC debate. This will follow the same shades of grey argument; though as was said, now that there could be an immediate detrimental impact to other guests if someone cannot wear a mask the reaction may be different.

[JacobR22]

People do not have to go to DL. It is not essential. If the rule is, in the start, masks must be worn, and your kid "won't do good" with a mask, it is your option to go home and come back when masks are no longer required. The mask requirement (if the will be one) will be for the good of the rest of us, who also have rights. Just My Opinion.

[Mr Wiggins]

It does not appear children have a very difficult time with this virus...

Evidence has come out this week that COVID-19 is indeed infecting children. The number of cases is currently small, but that may be the result of insufficient testing.

...and the ADA is clear that private businesses cannot discriminate against people with disabilities.

The ADA rules don't cover a pandemic situation where a business must prevent a customer with disabilities from potentially infecting other customers. I would expect the ADA itself to not support any person with disabilities who claims discrimination after refusing to wear a mask in a theme park.

[tarheelalum]

Evidence has come out this week that COVID-19 is indeed infecting children. The number of cases is currently small, but that may be the result of insufficient testing.




The ADA rules don't cover a pandemic situation where a business must prevent a customer with disabilities from potentially infecting other customers. I would expect the ADA itself to not support any person with disabilities who claims discrimination after refusing to wear a mask in a theme park.

I'm sure it does infect children but they do not seem to have a difficult time as far as how it effects them it in the majority of cases. On my job I've served on our ADA committee and to my knowledge the ADA does not make any exceptions for pandemics or anything else. But I'm not a disability lawyer so I can't really say but I feel as others have already stated, Disney is in a no win situation and either way they side they are going to get it in the court of public opinion and possibly federal court as well.

[micromind]

I'd bet that a national emergency such as the one we're in now would overrule ADA requirements.

If the parents did indeed bring their child and got some sort of exemption from the mask requirement, not only would Disney be open to a ton of lawsuits but the parents would be equally open to them.

With every right there is responsibility..........

[Mr Wiggins]

I'd bet that a national emergency such as the one we're in now would overrule ADA requirements.

If the parents did indeed bring their child and got some sort of exemption from the mask requirement, not only would Disney be open to a ton of lawsuits but the parents would be equally open to them.

With every right there is responsibility..........

Indeed. It's hard to imagine parents who would risk the health of their child, and the health of the public, by taking their kid to Disneyland during this pandemic and not having him wear a face mask.

Then again, it's hard to imagine parents who would risk the health of their child, and the health of the public, by not having him get vaccinated for childhood diseases.

[Sun Bonnet]

The obligation to keep guests and CMs safe would allow them to require masks from everyone. If the parents were to ask if the child could wear an alternative face covering that the child would take to better, such as a heavy scarf or a helmet as examples, and Disney said no, then maybe they could sue on the grounds that Disney wouldn't allow a reasonable accommodation for the child and that would be discrimination. However, if the alternative covering did nothing to protect others than it would not be a reasonable accommodation.

[Stormy]

IDK. Disney is famous for instituting, then ignoring, its own rules to avoid PR situations. I can see them saying 'no mask, no entry' but whether or not they actually enforce it once in the parks is another thing.

The ADA is to create 'reasonable accommodation to permit equal access', not 'special rules'. So if they would require a non-autistic child to wear a mask (and getting a child to keep one on is going to be a problem for a great many parents) then they (IANAL) are within their rights to require an autistic child to wear one in order to enter the park, especially if it's a legal requirement. I mean, everyone has to wear safety harness. A parent of an autistic child can't refuse to buckle their child up on a ride simply because their child doesn't tolerate restraints well. It's a safety issue. So will wearing masks be.

Bottom line is, Disney is a privilege not a right. For ALL of us. It's a damned shame when someone can't go for any reason. My son's godson is autistic and his parents would love to take him to Disney, he's at a perfect age. But the amount of accommodation they would need makes that impossible, at least for now. Would they love to be able to demand of Disney that they keep everyone 10 feet away from their son so he is not crowded nor touched by 'strangers'? That he is granted immediate access to everything and be allowed to have an entire ride vehicle to himself? Of course they would! But they won't do that. They'll wait and hope that he is someday able to go with reasonable accommodations.

What I do know is that Disney will do its level best to reasonably accommodate everyone.

[Mr Wiggins]

A coworker/passholder and I were discussing Disney yesterday and he said he cannot wait to return to the parks with his family. We were discussing the likely restrictions Disney will require and I told him I felt it was not worth the hassle. He has a child with autism and he told me the boy would not do well with a mask. I told him they would likely require him to wear one and he told me that would be illegal under the ADA due to his child's disability prevents him from tolerating one. He said they would not tolerate his child being discriminated against under any circumstance. I did not discuss it any further as he is very sensitive to anyone or any sort of treatment that he feels is a slight to his son and his opportunities in life....

Although this article doesn't discuss taking an autistic child to a theme park, it might assist your coworker in his efforts to help his son during the pandemic:

Some autistic people can’t tolerate face masks. Here’s how we’re managing with our son.

[TacAlert]

And don't forget the not all disabilities are visible crowd.

[stovk]

...I told him I felt it was not worth the hassle.

Probably the best advice.

[Mr Wiggins]

And don't forget the not all disabilities are visible crowd.

Good point -- we indeed should not forget that many disabilities are invisible. It's a sad fact of American society that so many people are disdainful of those whose disabilities are not obvious to the eye. Instead of offering empathy and compassion, they dismiss the disabled as fakers who want to get a free ride at the expense of society.

[tarheelalum]

Probably the best advice.

And not just for people with disabilities either. I can't stand walking around indoors for 30 minutes while wearing a mask. I would never pay to go to a theme park and walk around all day sweating my face off in a mask.

[TacAlert]

And not just for people with disabilities either. I can't stand walking around indoors for 30 minutes while wearing a mask. I would never pay to go to a theme park and walk around all day sweating my face off in a mask.

Quite honestly though I personally don't think anyone is going to enforce it. Just my opinion. Security guard might remind you to put it back on, but what are they going to do when 100s or 1000s start doing it?

I can put it on when let's say the Pirates ride leaves the dock, but what are they going to do during the ride?

True believer of if you want to wear one go ahead. Don't worry about those who don't. If you have one on, then I am protected from you.

[9oldmen]

I can put it on when let's say the Pirates ride leaves the dock, but what are they going to do during the ride?

Do you really think that Disney won't think of that?
You do realize that that ride has security cameras, right?
How long is that ride? How long would it take to get security to the unload area to greet you?
Look at it this way: After they confiscate your pass and kick you out, you can go maskless for as long as you want, as you walk up and down Harbour Blvd.
By the way, there hasn't been an announcement from Disney about the procedures for re-opening, but announcing on this board that you plan to disobey the rules has gotten at least one poster blocked by the mods.

[JerrodDRagon]

https://blogmickey.com/2020/05/disne...sed-reopening/

Seems they are going to make a stance

[Mr Wiggins]

https://blogmickey.com/2020/05/disne...sed-reopening/

Seems they are going to make a stance

Good on Disney for making masks mandatory. Hopefully they'll give their frontline CMs the authority and personnel needed to enforce it with the country's increasingly aggressive anti-maskers.

[Eagleman]

Good on Disney for making masks mandatory. Hopefully they'll give their frontline CMs the authority and personnel needed to enforce it with the country's increasingly aggressive anti-maskers.

I AGREE
Enforcing rule have to be..............
for the masks mandatory to make sense !