I totally see where you are coming from in saying that “Das isn’t a
benefit, it’s an
accommodation” … I agree that it’s accommodation…
But, it is an
accommodation that offers the
benefit of using the LL, which is a usually a shorter wait (and I do realize that DAS guests wait as long/longer/or equal the standby time).
Because the accommodation happens to come with that
benefit (and it is a “benefit”) that Disney has non disabled guest pay to have…
I think it might grant Disney a little bit more wiggle room with what the have to provide vrs. what they want be able to provide (and what the guests would like them to provide)
They
absolutely have to provide
some accommodations to
all who need them…
But there are other ways they could do it differently from what they currently offer
(I am Not at all saying I don’t want them offer DAS is it is currently.. I don’t have a disability, but I think it has value and makes the parks doable for many who could not go otherwise, I am just saying I don’t think they
have to provide it as is)
And I actually stand corrected on a post I made earlier where I said that if the standby lane is open to all guests, Disney has to allow the DAS guest access to the LL ( I didn’t think they could limit the DAS guest from getting a return time, since the return to LL is the standby for those guests)..
But a friend of mine pointed out that Sesame place in Pennsylvania offers a DAS like pass to guests with needs… BUT the pass they offer only allow 2 rides for the attraction, not the ability to get repeated return times to all attractions . And I was really surprised to lean they have 15 attractions.. but the guests using their DAS like pass has to choose 6 of them to experience with the return after waiting standby time.
So they do not have open access to
Get a return time to wait the standby time and come back to try all the attractions, they are limited to choosing a few and then Further limited in the amount of rides they can have on those 6 that they choose
I’m not saying I think their system is good, i actually think it seems a little unfair to not at a least I offer the ability to get a return time for 1 ride on each of their 15 attractions (since a guests needing a DAS like accommodation wouldn’t be able to access the standby line any other way. ..
But apparently, I stand corrected, and it is legal for a park to pick and choose more specific ways of accommodation … I guess the little bit of research I did showed that there is not a lot of case law at all in regards to accommodations offered for those who can’t wait in the standby line.
The law is very specific when talking about the ADA requiring ramps / accessible ride vehicles ect ( anything having to do with structure and how the ride is constructed and accessed is very well defined in the ADA section on amusement parks)
BUT… when it comes to those who need accommodations to wait elsewhere and come back… the ADA is basically empty. It really doesn’t specify what has to be offered (if anything) .
I was really surprised honestly, but I guess there just has not been many cases argued on this issue (the only one I could find was the last one that Disney litigated regarding the GAC)
Compared to other parks …Disney is very generous with their accommodations, and I hope guests who need it can continue to use DAS ini it’s current form.. , but apparently it’s a big grey area as to what parks have provide in accommodations.
*** upon reading over this I realized I used the word apparently like 20 times lol, I’m sorry, I had a long day at work and that word kept popping into my writing