A class action lawsuit has been filed in California against The Walt Disney Company and Inspire Health Alliance, the company that Disney contracts with to help determine eligibility for the Disability Access Service (DAS). The lawsuit challenges Disney’s revised Disability Access Service policies for discriminating against individuals with physical disabilities. Here’s a look at the details, along with some context and recent changes in the policy wording from Disney.
DAS Class Action Lawsuit Filed Against Disney
Back in May 2024, Disney made significant changes to the Disability Access Service. The changes resulted in a far more restrictive definition of eligibility that is now being challenged in court. The lawsuit alleges that the change in policy excludes individuals with physical disabilities. The lawsuit argues that these changes violate state and federal laws by unlawfully limiting eligibility.
The complaint also alleges that guests seeking DAS were required to disclose private medical information in public settings, violating privacy laws. Additionally, Disney’s terms and conditions included an allegedly coercive and unenforceable class action waiver.
The plaintiffs claim that Disney’s alternative accommodations to DAS are inadequate, imposing undue burdens on disabled guests. Through this class action, the plaintiffs demand that Disney modify its DAS policies to comply with legal protections for individuals with disabilities and ensure equitable access for all disabled guests.
Discrimination Against Individuals with Physical Disabilities
The plaintiffs contend that Disney’s updated DAS criteria discriminate against individuals with physical disabilities by excluding them from accommodations necessary for equal access. Under previous policies, DAS allowed disabled guests to request return times for attractions, minimizing the need for prolonged waits. The revised criteria limit access to guests with developmental disabilities while denying service to those with mobility impairments, chronic pain, or similar conditions.
This practice, the lawsuit claims, unlawfully excludes an entire class of disabled individuals from Disney’s services by screening out guests with specific disabilities, violating the Unruh Act and the ADA. Plaintiffs argue that businesses cannot impose eligibility criteria that disproportionately disadvantage individuals with disabilities unless they can demonstrate necessity. The lawsuit asserts that Disney has not justified why physically disabled guests should be excluded, making the policy discriminatory.
The lawsuit points to a portion of the policy that Disney just so happened to update a couple of weeks ago. The lawsuit points to the following policy wording when demonstrating how Disney has restricted eligibility to some disabled guests while excluding others.
DAS is intended to accommodate only those Guests who, due to a developmental disability like autism or similar, are unable to wait in a conventional queue for an extended period of time.
In what can only be described as not a coincidence, Disney updated the policy wording to remove the word “only” from the sentence above – perhaps trying to sidestep allegations of screening out certain disabilities. Disney changed the wording in late January 2025, likely after it passed through an army of lawyers who were aware of the existence of this recently filed lawsuit.
Violation of Privacy and Confidentiality Laws
The lawsuit claims that Disney and Inspire Health Alliance systematically violated privacy laws by forcing disabled guests to disclose their medical conditions in non-confidential settings. To apply for DAS, guests were allegedly required to discuss sensitive health information with Disney employees and third-party nurse practitioners, sometimes in locations where their disclosures could be overheard by other guests.
It’s worth remembering that this lawsuit has been filed in California, where in-person registration for DAS can occur in a public setting. Guests applying for DAS in California also have the option of going through the registration process virtually. DAS registration is only virtual for Walt Disney World.
California law requires that medical information be kept private, and the CMIA prohibits the unauthorized sharing of such information. Plaintiffs assert that Disney and Inspire Health Alliance failed to follow required privacy protocols, thereby unlawfully exposing confidential medical details.
The lawsuit claims that medical disclosures occurred in open areas where other guests and Disney Cast Members could overhear. Plaintiffs argue these practices caused embarrassment, emotional distress, and a loss of dignity for disabled guests.
Additionally, the lawsuit claims that Disney did not obtain proper consent before collecting and sharing medical information, further violating state and federal privacy protections. The lawsuit seeks statutory damages for affected individuals and demands policy changes to prevent future alleged privacy breaches.
Unlawful and Unconscionable Terms & Conditions
The lawsuit alleges that Disney’s DAS application process includes an unlawful and deceptive class action waiver, which requires guests to waive their right to collective legal action as a condition for receiving accommodations. California law generally prohibits such waivers when they prevent consumers from addressing systemic violations, especially in cases of discrimination.
Plaintiffs argue that the waiver serves no legitimate purpose other than to insulate Disney from accountability. The waiver also allegedly allows Disney to unilaterally change the DAS terms without notice, further limiting disabled guests’ rights. Plaintiffs assert that these practices violate consumer protection laws and seek an injunction preventing Disney from enforcing such terms.
Failure of Alternative Accommodations
The lawsuit asserts that Disney’s alternative accommodations – offered to guests denied DAS – fail to meet legal accessibility standards. Instead of providing equivalent benefits, these accommodations impose additional challenges.
For example, the Queue Re-Entry system requires disabled guests to navigate back to attractions, creating logistical difficulties. The Rider Switch program forces individuals to wait separately, an issue for solo travelers or those who need continuous assistance. The Location Return Time program requires guests to request accommodations in public, exposing them to potential embarrassment and stigma. Plaintiffs argue that these alternatives do not provide equitable access and that Disney is misleading the public by presenting them as viable solutions. The lawsuit seeks a court order requiring Disney to implement effective accommodations for all disabled guests.
Consumer Protection and Fraud Claims
According to the complaint, Disney engaged in deceptive business practices by misrepresenting the accessibility of its services. DAS was advertised as a program designed to assist disabled guests, yet the revised policies allegedly exclude many individuals with legitimate disabilities. Plaintiffs argue that these practices constitute false advertising and violate California’s consumer protection laws.
Additionally, Disney’s coercive terms and conditions allegedly misled guests into waiving their legal rights. The lawsuit seeks financial restitution for affected guests and demands that Disney reform its policies to prevent further consumer deception.
The class action lawsuit against Disney challenges the legality of its revised DAS policies, claiming they discriminate against individuals with physical disabilities, violate privacy laws, and mislead consumers. If successful, the case could force Disney to reinstate broader DAS eligibility, strengthen privacy protections, and eliminate unfair legal waivers. It could also set a significant precedent for disability rights in public accommodations, ensuring more inclusive accessibility policies across theme parks and similar venues.
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