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Disney Settles Class Action Lawsuit for Visually Impaired


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Disney Settles Class Action Lawsuit for Visually Impaired

Walt Disney Parks & Resorts and related Disney companies have reached a tentative agreement with a group that brought a class action lawsuit against them. The agreement must be approved by a judge, and must also spend a short while others who may be covered by the settlement class.

The suit was originally brought on May 10, 2010 by a small group of visually impaired people who claimed that Disney was violating the Americans with Disabilities Act and California law by treating them discriminatorily as related to accessing the Disneyland theme parks and related online planning tools.

The original complaint was broken down into ten allegation classes, five of which were approved by the court to proceed. The tentative settlement agreement further condenses that to four settlement classes in order to cover all of the complaints in an efficient manner. The remaining settlement classes are: the Website Class, the Effective Communication Class, the Service Animal Class, and the Infrastructure Class.

The Website Class relates to Disney's trip planning websites not being accessible to those utilizing screen readers. The Effective Communication Class claims that Disney has not made the standard trip planning tools, such as maps, menus, schedules, and information about sighted companions, available to those with disabilities.

The Service Animal Class claims an inability to properly kennel their pets when riding attractions that the animals cannot, and that Disney characters actively avoid those with service animals. The Infrastructure Class notes that the plaintiffs are not able to take advantage of special parade viewing areas for the disabled, and do not have easy access to lockers in the park or parking lots at the Disneyland Resort.

The settlement includes a number of actions required of Disney:

For the Website Class – by December 31, 2012, Disney will have converted a majority of their content-related pages on the Walt Disney World website to be accessible to screen readers, including a page with an accessible version of the hours and schedules for the Walt Disney World parks otherwise posted on the site. All Walt Disney World menus currently posted on the site will also be accessible to screen readers.

By July 2013, Walt Disney World tickets, passes, rooms, and packages will be available for purchase by guests using screen readers. Disney will have converted a majority of their content-related pages on the Disneyland website to be accessible to screen readers, including a page with an accessible version of the hours and schedules for the Disneyland parks otherwise posted on the site. All Disneyland menus currently posted on the site will be accessible to screen readers.

By June 2014, Disneyland tickets, passes, rooms, and packages will be available for purchase by guests using screen readers.

By December 31, 2015, Disney Cruise Line passengers will be able to book staterooms, reserve online activities, and book shore excursions using screen readers. In addition, Disney will have converted a majority of their content-related pages on the Disney Cruise Line website to be accessible to screen readers. Certain sections of the websites are excluded. Disney further agrees to provide a telephone service to assist visually impaired guests until the websites are brought into compliance.

The Effective Communications Class settlement requires Disney to make an audio recording available by telephone that provides the schedules for major entertainment offerings (such as Fantasmic and World of Color) at the Disneyland Resort parks, and parade and show information from the current park information sheets (and answer questions about such parades and shows). The telephone number must be included on the "services for guests with visual disabilities" sheet available at the parks for the Disneyland and Walt Disney World resorts within 90 days.

Those phone services will be included until either the Next Generation Handheld Device is deployed with the information on the schedule information sheet or the applicable portions of the park hours and schedule pages are available in screen-readable format for both Disneyland and Walt Disney World resorts.

Disney must provide a telephone service to read information from menus for restaurants whose menus are posted on the park websites. The phone numbers will be added to the services pages on the Disneyland and Walt Disney World sites until either the Next Generation Handheld Device is deployed or the menus are available in a screen-readable format. Disney will also include menu information with the audio description service on the Next Gen handheld device.

Disney will also require cast members at food and beverage locations to read menus to guests on request and provide Braille menus at four restaurants. At least two stationary Braille maps will be provided at all domestic Disney parks, and mobile Braille maps will be available for a refundable deposit. Disney will provide, on a one-time basis, 100 one-day, one-park tickets each for the Disneyland Resort parks and the Walt Disney World parks to no more than two charitable organizations whose primary purpose is to serve individuals with visual impairments for use by companions of visually impaired guests.

The Service Animal Class settlement provides for at least three service animal relief areas in the public areas at each of the domestic Disney parks and add that information to the relevant websites and information sheets. Disney will also provide temporary kennels or cages at attractions which the service animals cannot ride. It will also post a policy that guests can also do a rider swap with another member of their party who would watch the animal until the visually impaired guest returned from their ride.

Disney will also update its operating guidelines for all characters in the parks to ensure that their interaction with guests with service animals take place as if the guests do not have service animals.

The Infrastructure Class settlement states that Disney will update operating guidelines to permit guests with visual impairments to utilize disabled parade viewing areas. Disney will also install five keyed lockers at a single location at both Disneyland and Disney California Adventure parks for use by guests with visual impairments. Disney must provide an appropriate number of disabled parking spaces at the Pinocchio lot at the Disneyland Resort and make other relevant modifications.

The agreement also requires Disney to pay service payments of up to $15,000 for each named plaintiff for their assistance in resolving the matter, and $1,550,000 in attorney fees.

The next step is for a judge of the U.S. District Court in the Central District of California, Western Division, to approve the settlement. Once it is approved, notices will be sent out to all potentially impacted individuals who can opt in or out of the class and support or attempt to block the settlement. Only after it gets past those steps would the settlement go into effect.

For more information, you can read the entire 95-page filing online (PDF).

http://www.mouseplanet.com/9958/Walt_Disney_World_Resort_Update

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The last time I was at Disney, it seemed that the largest group being discriminated against was the Terminally Stupid. Disney does not do nearly enough to make all attractions accessible to them. I

A gold Snark star for Nicki.

Ed, I would love for you to explain to me how Disney could create an online reservation system without any server side code... There most certainly are times when a simple web page just won't cut it

The last time I was at Disney, it seemed that the largest group being discriminated against was the Terminally Stupid. Disney does not do nearly enough to make all attractions accessible to them. I don't know how they possibly navigate the web site, and transportation is impossible for them to utilize. Please consider the Terminally Stupid on your next Disney visit. Take a moment to help them find the restroom they are standing right next to, make sure they know when the 3 o'clock parade is, and aim them toward the entrance to an attraction rather than the exit.

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Infrastructure Classsettlement states that Disney will update operating guidelines to permit guests with visual impairments to utilize disabled parade viewing areas

I don't get it. How does a blind person what a parade?

I do know a person who is declared legally blind but can still some. The monitor they used to use at work was huge and they still had to be nose to screen to work with it. They could see shapes, but not clearly. It wouldn't matter how close this person got to the parade, all they would see is shapes.

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We develop contact management web apps for state government, so all of our apps need to be ADA compliant even though there is nobody using the functionality. Making web sites and web apps accessible is difficult at best and impossible at worst.

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Careful about generalities Lisa. One of our Sheriff's Deputies that is in charge of the Dispatch Center and 911 Calls is totally blind and uses screen readers and programs like Orca ... so those ADA compliant apps DO get used - not a lot, maybe - but there is a need for them.

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Making web sites and web apps accessible is difficult at best and impossible at worst.

Too true! We've had plenty of website customers say "I need my site to be ADA compliant" and then when you tell them what that will really take (in terms of time and money to develop) they usually say "nevermind" :(

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Careful about generalities Lisa. One of our Sheriff's Deputies that is in charge of the Dispatch Center and 911 Calls is totally blind and uses screen readers and programs like Orca ... so those ADA compliant apps DO get used - not a lot, maybe - but there is a need for them.

I was not speaking in generalities, Ed. I was stating facts about a specific product that we developed. The applications I am speaking of are used by employees of the state and there are NO visually impared users. Zip, zero, nada. In fact a visually impared user would not be able to do the job that these users do. That is what makes the whole thing so laughable. We spent almost half of our development time making an app compliant for blind people who would never use it in the first place. Our tax dollars at work...

And I know all about screen readers. We use them to test our apps. They don't work well with web apps at all...

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State government wasting money? That's blasphemy!

The problem is that most of these requirements are just that, "requirements", not suggestions. And many of them make no sense whatsoever.

Case in point, our State Police Barracks. The current one, and the new one being built, both have to be 100% ADA compliant. I completely understand some of it...wheelchair accessibility, etc.

But riddle me this, batman...why does every sign inside need braille? It's a secure building, absolutely nobody walks around unescorted. In the lobby? I can understand that. But past the security doors?

You will NEVER see the day that someone is allowed through that door and just waved down the hall. "Station Commander? Down the hall. There's a sign on the door. Oh, you're blind? That's OK. It's in Braille, too. Good luck."

Even the signs on the holding cell have braille on them. Only two types of people go in there...cops who can read (and know where they are going anyway) and people who are in handcuffs and couldn't reach or "read" the braille sign if they had to!

We need to put some common sense back into our lives. Too many stupid regulations, and too many attorneys trying to make a buck from them.

Somebody please show me where it's written that you have the right to not be offended by anything?

OK...I'm stopping before I really get started, then can't stop at all.... :banghead:

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Careful about generalities Lisa. One of our Sheriff's Deputies that is in charge of the Dispatch Center and 911 Calls is totally blind and uses screen readers and programs like Orca ... so those ADA compliant apps DO get used - not a lot, maybe - but there is a need for them.

Here's a crazy idea, maybe that blind person shouldn't have a job that requires a certain degree of eye site in order to do it properly.

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Here's a crazy idea, maybe that blind person shouldn't have a job that requires a certain degree of eye site in order to do it properly.

Why am I suddenly picturing a blind, nine fingered bandsaw operator... :rofl2:

Any bets on how long it takes for this thread to be moved to the debate board?

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Devils advocate:

How about someone getting injured in the line of duty, but instead of taking disability, there are modifications already in place where they can continue to work and pull a steady paycheck?

And I understand the cost vs reward theory, but if the govt dosn't require things, most people won't make the capital investment necessary and then not hire a disabled person.

I'm not a big govt fan, but SOMETIMES it is required.

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