C.J.J. v. Walt Disney Parks & Resorts U.S., Inc.

283 F. Supp. 3d 1263
CourtDistrict Court, M.D. Florida
DecidedSeptember 23, 2016
DocketCase No: 6:14–cv–1925–Orl–22GJK
StatusPublished

This text of 283 F. Supp. 3d 1263 (C.J.J. v. Walt Disney Parks & Resorts U.S., Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
C.J.J. v. Walt Disney Parks & Resorts U.S., Inc., 283 F. Supp. 3d 1263 (M.D. Fla. 2016).

Opinion

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"1 lines. (Id. at p.5).

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. , 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). "[A] complete failure of proof concerning an essential element of the nonmoving party's case necessarily renders all other facts immaterial." Celotex Corp. v. Catrett , 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) ; Hairston v. Gainesville Sun Pub. Co. , 9 F.3d 913, 918 (11th Cir. 1993).

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, 106 S.Ct. 2505. However, the Court must grant a motion if "the evidence ... is so one-sided that one party must prevail as a matter of law." Id. at 251-52, 106 S.Ct. 2505. In making this determination, "[t]he evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor."

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283 F. Supp. 3d 1263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cjj-v-walt-disney-parks-resorts-us-inc-flmd-2016.