Disney simply modified a single phrase in its Incapacity Entry Service coverage that may very well be consequential for DAS approvals & denials going ahead. This covers the earlier than and after of language change, plus our commentary concerning the motivations (or lack thereof) for making this tweak and the way it might find yourself being minor however significant in observe.
As fast background, Disney overhauled DAS at Walt Disney World and Disneyland previous to the beginning of final summer time. In response to the corporate, the modifications have been due largely to abuse, misuse, and proliferation of this system’s use–with issuances of DAS tripling from 2019 to final yr. For extra concerning the specifics of the new-look Incapacity Entry Service, plus our commentary about winners & losers, in addition to collateral harm and extra, see Incapacity Entry Service (DAS) Modifications at Walt Disney World FAQ.
We’ve been following this saga intently for the final a number of months, receiving reviews from readers and studying accounts of different company making use of for lodging after the overhaul of the Incapacity Entry Service at Walt Disney World. Clearly, it’s a extremely delicate topic that may be very, very private since it’s, fairly actually, make or break for some company making an attempt to expertise Walt Disney World. There have been widespread reviews of company who beforehand had DAS being denied and suggested to make use of different lodging, a few of that are new–or are revised and highlighted extra prominently.
Suffice to say, it’s been a contentious ~9 months between the corporate and the disabled neighborhood. Many followers have hoped that Walt Disney World and Disneyland would calm down the coverage or overhaul it as soon as once more, and there’s been a grassroots marketing campaign to perform precisely that.
Quick ahead to late January 2025, and the DAS coverage has been up to date in a number of places on each the Walt Disney World and Disneyland official web sites. Right here’s who Walt Disney World now signifies DAS is aimed to help:
Previous language: “DAS is meant to accommodate solely these Visitors who, attributable to a developmental incapacity like autism or related, are unable to attend in a traditional queue for an prolonged time period.” (Emphasis added.)
New language: “DAS is meant to accommodate these Visitors who, attributable to a developmental incapacity like autism or related, are unable to attend in a traditional queue for an prolonged time period.”
It’s price noting that that is basically Disney’s assertion of intent for DAS, as variations of this language seem on the very prime and all through Walt Disney World’s official DAS web page. It’s not one thing minor buried in an FAQ or one thing inconsequential.
Turning to commentary, it could appear to be solely one little phrase, however there’s undoubtedly a motive being made for the change. This isn’t simply somebody on Walt Disney World’s internet workforce unexpectedly making modifications, like we’ve seen numerous occasions within the final yr which have resulted in errors for the attraction lineups at laborious ticket occasions, refurbishments, and so forth.
Each phrase written on the DAS supplies can be scrutinized by Disney Authorized. They might have the ultimate say, and approve or dictate any verbiage modifications or loosening of limiting language. The flip aspect of that’s that Disney’s attorneys would’ve finished exactly the identical previous to launching the DAS overhaul. A military of attorneys in all probability spent months poring over each phrase on these web sites previous to publication–particularly the assertion of intent for the new-look DAS.
In different phrases, that “solely” was accredited by Disney Authorized and its removing is likewise being accredited by Disney Authorized. However in all probability not from the angle of issues about authorized publicity, as these conservations would have already occurred, extensively. Disney Authorized undoubtedly carried out complete litigation threat assessments, which is exactly why they elected in opposition to utilizing IBCCES and steered the overhaul in a special route, even when many disabled company would’ve most popular that. (Common has since stopped requiring IBCCES, probably on account of ongoing litigation regarding the service at Six Flags.)
The overhaul to DAS will nearly actually give rise to extra litigation, regardless. Accessibility modifications inevitably do, and it’s probably Disney’s perspective that it’s the price of doing enterprise. The die is forged, no matter this “solely.” (I’d additionally anticipate Disney to prevail in any such lawsuit, as Disney Authorized is meticulous and methodical.)
I’m very reluctant to play armchair legal professional on this as I’ve zero related experience and Disney Authorized has numerous attorneys who do. Second-guessing them appears barely foolish. With that stated, the factor that shocked me from the outset was Disney utilizing limiting language tailoring DAS to company with developmental disabilities.
Parsing the language, it’s not simply the “solely” that issues there–it’s additionally the “attributable to.” The coverage will not be utilizing developmental disabilities for example, it’s narrowing the scope of the lodging to developmental disabilities and offering autism for example. Eradicating “solely” may change perceptions, nevertheless it doesn’t change the coverage.
For this to be a cloth change from a authorized perspective, I’d suppose the phrase that may must be stricken is “developmental.” By limiting the lodging to solely company with developmental disabilities, it’s potential Disney is pre-screening out a category of disabled people which may run afoul of the ADA. If that’s the case, that’s nonetheless true with a simple studying of the assertion of intent, since “solely” merely reinforces the “attributable to” (similar to earlier iterations included “small share” of company language).
However once more, I’d think about Disney Authorized did their due diligence on this and decided that, when it got here to authorized publicity, different lodging to DAS have been enough for all different courses of disabled company. Enjoying armchair legal professional right here is silly.
Given all of that, it’s nonetheless secure to imagine this verbiage change is deliberate, however will not be being constructed from the angle of publicity to litigation. It’s additionally secure to imagine this isn’t taking place haphazardly and got here after cautious consideration and evaluation. So what might be the explanation for Disney making this alteration ~9 months after launch?
My greatest guess is that Disney desires to melt the perceived limitations within the coverage amongst potential candidates. To make it seem much less harsh or stringent, to encourage company aside from these with developmental disabilities to use for DAS. It may very well be a method of unofficially increasing the scope of eligibility with out making any substantive modifications to the coverage or overhauling this system but once more.
This might need occurred if the Encourage Well being Alliance well being professionals and Disney Solid Members who work collectively to find out acceptable lodging have additionally seen inner insurance policies loosened. That would imply both giving them higher discretion in approving DAS functions, or informally increasing eligibility standards for DAS with out extra materials guest-facing language modifications.
Past that, it’s tough to say why this alteration might need occurred. And it’s unimaginable to know the way it’ll play out in observe till there are extra reviews of DAS approvals and denials. Even then, what’s reported isn’t essentially consultant of this system as a complete, as there’s self-selection bias in who’s most definitely and least prone to share their experiences. “We’ll by no means know what this implies in observe” isn’t precisely a satisfying evaluation, nevertheless it’s in all probability correct.
Disney is in an unenviable place right here with super quantities of push-pull.
On the one hand, there have been heartbreaking tales of DAS denials, lots of which have gone viral for good motive. These have made it actually appear to be a extra versatile and humane strategy providing higher discretion to Solid Members is critical. All of this strongly recommended that Disney went too far with the DAS overhaul, and wanted some extent of stress-free its insurance policies.
Then again, Disney must keep away from stress-free its guidelines an excessive amount of, or else threat a return to the rampant abuse that was fostered by massively in style TikToks and influential social media teams. This has been exacerbated by a way of entitlement, lack of disgrace, and Disney creating an incentive for DAS scammers by monetizing line-skipping through Lightning Lanes.
It’s a extremely powerful for Disney to stability this, however as we’ve stated repeatedly, there needs to be a center floor. The pendulum swung from one excessive to a different, and there was loads of collateral harm amongst disabled company who wanted DAS and have been denied underneath the overly-stringent system.
Then there’s additionally the impression on the visitor expertise for everybody else, which is faster-moving strains and decrease wait occasions. We mentioned this at size in Right here’s Why Standby Strains and Lightning Lanes Are Transferring Sooner at Walt Disney World. The underside line is that the DAS modifications and, to a lesser extent, swap from Genie+ to Lightning Lane Multi-Move are having a big impression. It ought to go with out saying that there are controversies, downsides, and unlucky realities to the above. However the enchancment to the stream of strains–standby and Lightning Lanes–in addition to decrease wait occasions can be plain.
Ultimately, there’s quite a bit for Walt Disney World and Disneyland to stability, and I wouldn’t wish to be on the workforce tasked with that. It’s a extremely powerful and delicate needle to string. Right here’s hoping this single-word change to the DAS eligibility standards on each coasts is strictly what’s wanted to realize that unicorn of lowered abuse, approvals for individuals who actually want DAS, and contours that proceed to stream easily for everybody.
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YOUR THOUGHTS
Ideas on the slight language change to DAS insurance policies at Walt Disney World and Disneyland? Assume that is prompted by authorized publicity, Disney eager to informally develop DAS eligibility, or one thing else? Hopeful that this can lead to elevated approvals for individuals who actually want DAS whereas conserving abuse low? Agree or disagree with our evaluation of the modifications or coverage as a complete? Please attempt to keep on matter–we’ve seen a few of these DAS feedback sections get heated and private. Focus on the coverage itself, not others’ use (or lack thereof) of it.
