C.J.J. v. Walt Disney Parks & Resorts U.S., Inc.
C.J.J. v. Walt Disney Parks & Resorts U.S., Inc.
Opinion of the Court
ANNE C. CONWAY, United States District Judge *1265This cause comes before the Court on Defendant's, Walt Disney Parks and Resorts U.S., Inc. ("Defendant"), Motion for Summary Judgment filed on June 1, 2016. (Doc. No. 47). Plaintiff, C.J.J. by and through C.R.J. as Next Friend, Parent, and Natural Guardian ("Plaintiff"), filed a Response in Opposition to Defendant's Motion on July 1, 2016. (Doc. No. 65). Defendant filed its Reply on July 18, 2016. (Doc. No. 72). For the following reasons, this Court will grant Defendant's Motion.
I. BACKGROUND
Plaintiff is a resident of Pinellas County, Florida living with autism, hydrocephalus, and cranial cysts. (Doc. No. 1 ¶¶ 70 and 74) (Complaint). He is generally in the care of his mother ("C.R.J."). (Id. at ¶ 73). She brought this action on his behalf. (Id. ). Plaintiff is incapable of waiting idly for long periods of time. (Doc. No. 65 p. 7). As a result, Plaintiff's family avoids places such as movie theaters, restaurants, and grocery stores. (Id. ). He also cannot understand the concept of visiting an attraction and receiving a return time to experience it at a future time. (Doc. No. 1 ¶ 76). Additionally, Plaintiff has a propensity to experience attractions in a specific order and he must experience certain attractions repeatedly for hours at a time. (Id. at ¶ 79). Exposure to idle waits or not being able to follow his routine will cause Plaintiff to have a behavioral meltdown. (Id. at ¶ 71). His meltdowns are mild and nonphysical.
Defendant is one of the world's most popular amusement parks. (Doc. No. 47 p. 23). It is divided into four parks that are organized into six lands, comprising over one hundred rides and attractions. (Id. at p. 3 n.1). Until October 9, 2013, Defendant would issue a Guest Assistance Card ("GAC") to certain disabled guests at its parks. (Id. at p. 4). A GAC allowed these guests and their party nearly unlimited access to rides through alternative "backdoor entrances" or "Fastpass"
Defendant, however, abandoned the GAC system because of alleged abuse by both guests that needed GACs and those that did not. (Id. ). The most common way guests purportedly abused the former GAC system was by requesting the accommodation with no need for it altogether. (Id. ). Individuals were also creating counterfeit GACs, posting Craigslist advertisements offering unauthorized tours guided by GAC holders, and selling unexpired GACs online. (Id. ).
The Disney Disability Access Service ("DAS") was adopted to replace the GAC system. (Id. at 7). Starting October 9, 2013, guests needing accommodations for a cognitive disability at Defendant's parks had to obtain a DAS card from its Guest Relations personnel upon arrival. (Id. ). DAS affords guests with disabilities such as autism the ability to "virtually wait" for attractions without standing in lines. (Id. ). A guest using DAS arrives at an attraction, presents the card, and receives a return time. (Id. ) This can be done for the duration of their visit. (Id. ). The virtual wait using DAS is the posted time for the attraction minus ten minutes. (Id. ). DAS cardholders thus have the opportunity to "avail themselves of the many other attractions *1266throughout the park-other rides, shows, attractions, concerts, characters, restaurants, and stores" until their return time. (Id. ). In addition to DAS, some guests receive a number of "readmission passes" permitting them to enter the Fastpass line for any attraction without having to stand in line or wait virtually. (Id. at p. 8).
Plaintiff recounts two visits to Defendant's parks in March and May 2014. On the March visit, Plaintiff was told that he could not receive any accommodation other than DAS. (Doc. No. 1¶ 83). However, upon returning to their hotel, they were offered readmission passes. (Doc. No. 65 p. 8). On the May visit, Plaintiff had to wait idly for return times at various rides in which he wanted to ride repeatedly but was not allowed to do so. (Doc. No. 1 ¶¶ 88 and 89).
Overall, Plaintiff and his family were disappointed with their experience and are discouraged and deterred from visiting Defendant's parks because of DAS. (Id. at ¶¶ 91 and 96). As a result, Plaintiff requests injunctive relief requiring Defendant to modify DAS to provide further accommodations. (Id. ).
II. LEGAL STANDARD
Granting a summary judgment motion is proper if the moving party "shows that there is no genuine dispute as to any material fact." Fed. R. Civ. P. 56(a). A dispute of material fact exists "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc. ,
A grant or denial of summary judgment hinges on whether there is a triable issue. Such issue exists when there is "sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party." Anderson , 477 U.S. at 249,
III. DISCUSSION
As an initial matter, Plaintiff claims that the Complaint alleges a failure to accommodate, disparate treatment (intentional discrimination), and a disparate impact. Defendant, however, argues that it asserts only a failure to accommodate.
The parties' discord on what the issues are stems from Count I in the Complaint, the only count pertaining to the Americans with Disabilities Act ("ADA"). Plaintiff broadly alleges a cause of action under
Thus, Plaintiff's arguments of disparate treatment and disparate impact are now raised for the first time. Such tactic is impermissible. Raytheon Co. v. Hernandez ,
Even if Plaintiff's Complaint is construed to allege disparate treatment and disparate impact, Plaintiff has not carried the initial burden of satisfying a prima facie case for either. Proving disparate treatment requires Plaintiff to show that a motivating factor behind Defendant implementing DAS was to impose an adverse effect on individuals with Plaintiff's disability. See Vill. of Arlington Heights v. Metro. Housing Dev. Corp.,
Furthermore, "[a] disparate impact case is one in which a facially neutral practice impacts more harshly on one group of people than on others." Mayberry v. Von Valtier ,
A. Public Accommodations Must Provide Disabled Individuals a Like or Similar Benefit as Nondisabled Individuals
As discussed, the only legal issue at hand is Defendant's alleged failure to accommodate Plaintiff by implementing DAS and discontinuing GACs. Congress enacted the ADA specifically to protect individuals with mental and physical impairments *1268from societal discrimination and exclusion. See generally
The ADA accordingly prohibits discrimination by private entities providing certain amenities to the public. Title III of the ADA provides that "[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation."
[F]ailure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations.
Pursuant to this prohibition, the parties disagree over the extent of the accommodations Defendant is required to provide.
Courts have used the "full and equal enjoyment" language in § 12182(a) to guide the "necessary" inquiry in § 12182(b)(2)(A)(ii). Martin states that an accommodation is necessary if it is beyond the individual's capacity to access a public accommodation without it.
B. The Parties' Arguments
Defendant primarily argues that Plaintiff has not met his burden because an accommodation beyond DAS is not necessary as DAS affords him access to the rides at its parks. (Doc. No. 47 p. 14). Defendant also contends that if the Court finds that reverting to the GAC system is reasonable and necessary, it would nonetheless fundamentally alter its operations based on the risk of abuse and an overall adverse impact on the wait times experienced by all other guests. (Id. at p. 21). It also attacks Plaintiff's standing to sue, asserting that he did not suffer a cognizable injury because he was not denied access to its parks. (Id. at p. 24).
Plaintiff counters Defendant's Motion with five main arguments. First, Defendant's conduct amounts to disparate treatment or alternatively creates a disparate impact. (Doc. No. 65 p. 10). Second, the reasonableness inquiry is fact-intensive and not fit for resolution on summary judgment. (Id. at p. 14). Third, Plaintiff's requested accommodation is necessary because it is not a preference-it is a biologically driven mechanism. (Id. at p. 15). Fourth, Defendant has not shown that the requested accommodation will fundamentally alter its operations because it has provided a similar accommodation for the last twenty years. (Id. ). Lastly, Plaintiff contends that he has standing because being deterred from visiting Defendant's parks is alone sufficient to sue. (Id. at p. 20). Plaintiff's disparate treatment and disparate impact arguments have already been addressed and are impermissible.
*1270Therefore, based on the remaining arguments identified by each party, there are four issues to be considered by this Court:
1. Whether Plaintiff's requested modification is necessary to afford him access to Defendant's parks;
2. Whether Plaintiff's requested modification is reasonable;
3. Whether Plaintiff's requested modification would fundamentally alter the services provided by Defendant; and
4. Whether Plaintiff has standing to pursue his claim.
The subsequent analysis covers issues one and four only. Even if Plaintiff has standing to sue, the Court determines that the requested accommodation is not necessary. Therefore, discussion on the reasonableness of Plaintiff's request and whether it is a fundamental alteration to Defendant's operations is not needed.
C. Plaintiff's Requested Accommodation Is Not Necessary
Revising DAS is not necessary for Plaintiff to have equal access to Defendant's parks. This is because (1) Defendant provided Plaintiff an opportunity to gain a like benefit from its parks that is enjoyed by nondisabled individuals; (2) Plaintiff can wait long enough to access Defendant's attractions without following a routine; and (3) DAS is an existing means to equal access. The Court assesses the "necessary" inquiry first because a showing that Plaintiff did not need the accommodation obviates further discussion regardless if it is reasonable. Martin ,
1. Defendant afforded Plaintiff an experience like that of nondisabled guests
Plaintiff was given an opportunity to experience Defendant's attractions in a similar manner as guests that do not need accommodations. In Baughman , Defendant in this case was sued by a guest with limb girdle muscular dystrophy which made it difficult for her to walk or stand.
*12712. Plaintiff can wait long enough to access Defendant's attractions without following a routine
The crux of Plaintiff's action is that he cannot wait idly in lines and needs to experience certain attractions repeatedly in a specific order. However, DAS accommodates these needs to the extent for him to have equal access. Plaintiff does not have to stand in line while waiting to access an attraction. Instead, he can experience other attractions in the meantime. Plaintiff has also shown that he does not need to repeat rides for hours by not repeating any during his March 2014 trip. (Doc. No. 47 p. 11). Furthermore, Plaintiff visited Defendant's Magic Kingdom on two consecutive days but rode different rides on each visit. (Id. at p. 10). In any event, the ADA does not require Defendant to accommodate Plaintiff's routine because "preference-standing alone-is not essential to accessing Disney's Park." Ault v. Walt Disney World Co. No. 6:07-cv-1785-Orl-31KRS,
Furthermore, Plaintiff has demonstrated his ability to defer gratification for hours through traveling by car at least four times from Stone Mountain, Georgia to Orlando, Florida. (Id. at p. 11). The gratification in traveling is, for the most part, reaching the desired destination. These trips required multiple hours of travel time. (Id. ). This is much more than Plaintiff's demonstrated ability to wait for twenty minutes-gratification in those instances was anything but instant. Plaintiff argues that traveling by car is not comparable to visiting an amusement park because when in a car, Plaintiff is "belted in" and he has access to electronics and media. (Doc. No. 65 p. 8). Plaintiff also notes that he becomes anxious when the car stops moving. (Id. ). However, this argument only demonstrates that DAS accommodates him because it shows that Plaintiff can defer gratification as long as he has something to do in the interim. At Defendant's parks, Plaintiff can engage in other activities that he likes while waiting. Therefore, Plaintiff has access to the attractions because he can wait for the amount of time required to experience them and does not need to follow a routine. Accordingly, using DAS is not beyond Plaintiff's capacity. Martin ,
3. DAS and readmission passes are existing means that afford equal access
Finally, Plaintiff's requested modification is not necessary because of the existing accommodations to access the attractions at the parks. Defendant cites a host of cases where federal courts have deemed an individual's request for accommodation unnecessary because accommodations were already in place that provided access.
D. Plaintiff's Standing
There are two issues regarding standing: (1) Plaintiff's alleged injury from his past visits and (2) the risk of future injury pursuant to his claim for injunctive relief. Regarding the risk of future injury, Plaintiff is not being denied access to Defendant's parks. This is because DAS and readmission passes create a like experience for Plaintiff that is enjoyed by nondisabled guests. Injunctive relief is not proper and further analysis of the risk of future injury is not needed based on this fact.
Plaintiff's previous visits must be assessed under the three, bedrock elements of standing. These are "(1) 'injury-in-fact'; (2) 'a causal connection between the asserted injury-in-fact and the challenged action of the defendant'; and (3) 'that the injury will be redressed by a favorable decision.' " Shotz v. Cates ,
In general, a motion for summary judgment is not the appropriate means for deciding jurisdictional issues. Sheely v. MRI Radiology Network, P.A. ,
Plaintiff has not established injury because DAS affords him access. As shown by his experiences at Defendant's parks, DAS provides what he needs-the ability to wait for attractions virtually. Moreover, he has shown that DAS allows him to experience a significant number of attractions. Therefore, Defendant's Motion will be granted. However, even if Plaintiff had standing, Plaintiff's requested accommodation is not necessary.
IV. CONCLUSION
Therefore, based on the foregoing, it is ORDERED as follows:
1. Defendant's Motion for Summary Judgment filed on June 1, 2016 (Doc. No. 47) is GRANTED .
*12732. The Clerk is directed to enter judgment providing that Plaintiff shall recover nothing on his claims and that Defendant shall recover costs from Plaintiff.
3. Additionally, any pending motions filed by the parties are DENIED as moot.
4. The Clerk is directed to CLOSE this file.
DONE and ORDERED in Chambers, in Orlando, Florida on September 23, 2016.
Fastpass lines typically have shorter waits because guests in these lines receive designated return times to a ride, which essentially saves their place in line without having to wait there physically. (Doc. No. 47 p. 4).
As Plaintiff's counsel has previously been cautioned by this Court, "[a]uthorities almost universally condemn the use of 'et seq. ' in statutory citation." Santarlas v. Atchley , No. 8:15-cv-374-T-23TBM,
This is further highlighted by Plaintiff not attempting to argue this in response to Defendant's Motion. Moreover, it is telling that the parties in a related case-involving the same counsel for both parties and a nearly identical complaint-agreed that that the only issue was the failure to accommodate pursuant to
The parties do not dispute whether Plaintiff is disabled. Under the ADA, a disability is defined three ways: "(1) a physical or mental impairment that substantially limits one or more major life activities of such individual; (2) a record of such an impairment; or (3) being regarded as having such an impairment."
The petitioner conceded that the accommodation was reasonable and necessary, and thus the only remaining inquiry was whether it was a fundamental alteration. Martin ,
See Logan v. Am. Contract Bridge League ,
Reference
- Full Case Name
- C.J.J. and C.R.J. v. WALT DISNEY PARKS AND RESORTS U.S., INC.
- Status
- Published