For the first time in years, I returned to the Orange County Superior Courthouse to check up on the latest legal accusations against the Disneyland Resort. The biggest surprise? To see just how many lawsuits involved the disabled—roughly a third of the cases filed since my last visit. We can never know how many of these claims are true, partially true, or a fabrication just to get money from Disney. But it’s always interesting to see the messes Mickey is embroiled in…
Disneyland Disability Claims
Several former cast members claim they were terminated because of their disabilities. One visitor said that while waiting to board an attraction, he was struck by a guest riding a motorized scooter—and was upset at Disney for allowing the vehicle to enter the line.
Another visitor said she was run down by a motorized scooter in DCA, fracturing her toe and injuring both ankles. She blamed Disney for allowing the area to become so congested.
A woman entering the disabled queue for Buzz Lightyear tripped over a rubberized floor mat, knocking her out cold when she hit the floor.
Multiple parties sued after “nightmare” visits unraveled by problems using the Disabled Pass in 2019.
Family With Service Dog Denied
A “psychiatrically disabled victim” of assault sued Disney after security refused to allow her to bring her Psychiatric Service Dog (PSD) with her into Disneyland, “in violation of the ADA and Unruh Act and, in fact, a violation of Disneyland’s own stated policy.”
She said that she suffered extreme emotional trauma and has extreme difficulty going out in public. So a psychiatrist recommended a PSD to help her go out in public. She obtained a fully-trained PSD on a plan to visit Disneyland on September 6, 2021, with her family and her dog. “The PSD had a sign,” she said.
Her group parked in the structure and attempted to enter Downtown Disney through the security gate. Seeing her dog, an officer directed her to the special accommodations line. While waiting in line, “a large white man in a white shirt and Disney name tag” approached her and asked what service the dog provided. Psychiatric, she said. The officer left for a moment and returned shortly after to let her know she wouldn’t be able to enter Disneyland even though she had valid tickets for her family. He and the other security guards escorted her out of the area and back into the parking garage. According to her suit, “after planning and paying for a Disneyland family vacation, were instead sent home embarrassed and humiliated, and were not even offered or given a refund.”
She is seeking $5.7 million in damages ($1 million for her pain and suffering, $1 million for emotional distress, $1 million for loss of consortium, $500,000 for medical expenses to date, $500,000 for future medical expenses, $200,000 for loss of earnings to date, $500,000 for future loss of earnings, and $1 million in punitive damages).
Death by Jungle Cruise
And, most dramatically, there’s the suit filed on behalf of the Estate of the late Joanne Aguilar and her two daughters. Aguilar was “mobility impaired,” so when she and her family visited Disneyland in August 2021, they rented her a wheelchair and obtained a Disability Access Service pass from City Hall.
Jungle Cruise has wheelchair-accessible boats with space for a single wheelchair that is wheeled into the boat by a lift that becomes a ramp. The boat should be steadied by cast members.
When they arrived at the Jungle Cruise, the ride operators told her that the special “wheelchair boat” was unavailable but they would be happy to help her ride another, ordinary boat. She agreed and, according to the suit, “boarded, but found it difficult and challenging due to her disability.” At the conclusion of the ride, “cast members placed small, unsecured blocks on top of the existing steps inside the boat, to reduce the height of each step, creating a dangerous condition. Ms. Aguilar began to disembark without the assistance of any cast members who were standing around watching. She found exiting more difficult, as it required her to propel herself forward with her lower legs, which due to her disability was not possible. The struggle was apparent, and Disney cast members began snicker(ing) and giggling as they watched Ms. Aguilar try to safely exit the boat. She began to feel the shame and embarrassment of the situation and felt dehumanized.”
“As her daughters were helping her get out of the boat, the blocks were unstable and difficult to traverse, causing her to lose her balance and fall backwards, crashing down with her full weight and sustaining serious injuries.”
She was rushed to the hospital where she underwent surgery for a compound fracture in her right leg. During her recovery, she contracted an infection, which led to septic shock. She died on January 29, 2022, at age 66. “From the time Ms. Aguilar left Disneyland in an ambulance on August 22, 2021 she was never able to return home. She spent the remainder of her life at Anaheim Global Medical Center and thereafter Oxnard Manor Healthcare Center.”
Her suit claims that Disneyland should have provided equal access to Jungle Cruise, as well as assistance boarding and disembarking, and safer passage than the “dangerous stairs and blocks.”
Disneyland countered that it did not discriminate against her or deny her equal access, that the company acted “reasonably and prudently,” and that her injuries were caused by her own actions and those of her party.
More Mayhem
Among other cases, slip/trip-and-falls remain by far the most common complaint. About half the suits accused Disneyland of negligently maintaining their premises to allow such dangerous conditions as wet walkways, uneven sidewalks, and—in three cases—trolley tracks. One plaintiff said Disneyland did not warn her “or other visitors that the trolley tracks were dangerous if not crossed properly nor that the tracks were basically a shoe trap for unsuspecting visitors.” She has since settled.
Another guest may not be as lucky, since she said her foot got stuck in “the Disneyland Railroad Tracks” as she walked down “Main Street, USA” while visiting “Disney California Adventure.” Someone will have to diagram that one for me.
There were a handful of attraction-related injuries. A woman claimed her submarine lurched forward while she was boarding, pinning her arm between the hatch and the inside of the sub.
Another woman had to be evacuated from Splash Mountain just before closing. And the employee was helping patrons to exit by pulling the logs close to the platform with a metal rod. When her log got close enough, the cast member asked her to stand on top of the log and jump on the platform. She obliged—and wiped out on the wet platform.
Another guest sued after getting beat up at DCA security. While waiting in line to buy a drink from an outdoor vending cart, the man said he was repeatedly yelled at by two other men, who seemed drunk, complained he was taking too much time, and threw things at him. When their war of words escalated, security stepped in to defuse the situation. The officers looked at everyone’s ID and reportedly told the plaintiff he wouldn’t be harassed again. Thirty minutes later, the two inebriated assailants attacked him, bloodying his face and sending him into temporary unconsciousness. The victim alleges Disney provided inadequate security, permitted park entry to “known criminals or gang members,” allowed “irresponsible consumption of alcohol,” and should have ejected the troublemakers earlier.
Let’s Hear From You
Disneyland will always be the subject of claims, some legitimate, some not. What stood out to you above? Have you ever been asked by Disneyland to stand on one of the Splash Mountain logs? Ever get your foot caught in the phantom train tracks at DCA? And another thing to keep in mind… Disneyland lawyers often get involved in the closure or change of attractions which result in too many lawsuits. Do you see any potential candidates which could get the legal axe? Let us know in the comments below.
Be careful out there!
Other David Koenig Articles:
David Koenig: Disorder in the Court – Who’s Suing Disneyland
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