Banned from WDW property - for having siezures About This Page:

[WillCAD]

I won't mention my friend's name, because I don't want to embarrass her with the attention or cause any difficulties with her case, should she ultimately decide to take legal action, but...

A friend of mine lives in Orlando. She's epileptic and has daily seizures. She used to be a part-time WDW Cast Member, but she had to quit her job, on medical advice, a few years ago. She's unable to work because of her condition, so she's on full disability. She's also unable to drive, so she relies heavily on buses to get around.

Recently her doc told her to start getting out of the house every day. As she lives about 6" off of WDW property, and is a life-long WDW maniac, she naturally decided that most of her daily excursions would be on WDW property.

During the years that she's lived near WDW, she's had many seizures on property. Her experiences with Reedy Creek FD and at the various local hospitals, not to mention the WDW cast, have mostly been excellent, with a few bumps in the road along the way.

Yesterday, she was at Coronado Springs, and had a seizure. When she was up and around again, she was taken backstage by a security manager and told that she was no longer permitted on WDW property, because, as he put it, "This [seizures] happens all the time." He made it very clear to her that she was being "trespassed", as the ban is called, solely because of her seizures. She was also given a written trespass warning and driven off property in a deputy's car.

She was devastated, to say the least, not to mention the fact that after a seizure she's in a very vulnerable spot emotionally and doesn't always think 100% clearly.

At home later, she read the written trespass warning and found that the stated reason for the ban was that she "was previously terminated as a cast member in 2009." This is hogwash - she was NOT terminated, she resigned, and at that time it was made very clear to her that she had rehire status and that her supervisors and fellow cast greatly wanted her to return when her health allowed it.

This is how Disney treats it's long-time fans. This is how Disney treats the disabled. This is how Disney treats it's respected and beloved former cast members. This - would make Walt Disney scream profanities in outrage, if he heard about the company he worked so long and so hard to build treating someone so shabilly.

My friend is currently appealing the trespass order through Disney channels. Should that not work out, most of us who know her have strongly advised her to retain a lawyer and file a lawsuit against Disney for violations of the Americans with Disabilities Act.

I'm sorry for the long rant, but as is probably evident, I am so outraged by this debacle that I can barely see straight. I just needed to vent a little.

[queen2]

Originally Posted by WillCAD

I won't mention my friend's name, because I don't want to embarrass her with the attention or cause any difficulties with her case, should she ultimately decide to take legal action, but...

A friend of mine lives in Orlando. She's epileptic and has daily seizures. She used to be a part-time WDW Cast Member, but she had to quit her job, on medical advice, a few years ago. She's unable to work because of her condition, so she's on full disability. She's also unable to drive, so she relies heavily on buses to get around.

Recently her doc told her to start getting out of the house every day. As she lives about 6" off of WDW property, and is a life-long WDW maniac, she naturally decided that most of her daily excursions would be on WDW property.

During the years that she's lived near WDW, she's had many seizures on property. Her experiences with Reedy Creek FD and at the various local hospitals, not to mention the WDW cast, have mostly been excellent, with a few bumps in the road along the way.

Yesterday, she was at Coronado Springs, and had a seizure. When she was up and around again, she was taken backstage by a security manager and told that she was no longer permitted on WDW property, because, as he put it, "This [seizures] happens all the time." He made it very clear to her that she was being "trespassed", as the ban is called, solely because of her seizures. She was also given a written trespass warning and driven off property in a deputy's car.

She was devastated, to say the least, not to mention the fact that after a seizure she's in a very vulnerable spot emotionally and doesn't always think 100% clearly.

At home later, she read the written trespass warning and found that the stated reason for the ban was that she "was previously terminated as a cast member in 2009." This is hogwash - she was NOT terminated, she resigned, and at that time it was made very clear to her that she had rehire status and that her supervisors and fellow cast greatly wanted her to return when her health allowed it.

This is how Disney treats it's long-time fans. This is how Disney treats the disabled. This is how Disney treats it's respected and beloved former cast members. This - would make Walt Disney scream profanities in outrage, if he heard about the company he worked so long and so hard to build treating someone so shabilly.

My friend is currently appealing the trespass order through Disney channels. Should that not work out, most of us who know her have strongly advised her to retain a lawyer and file a lawsuit against Disney for violations of the Americans with Disabilities Act.

I'm sorry for the long rant, but as is probably evident, I am so outraged by this debacle that I can barely see straight. I just needed to vent a little.

Sorry your friend has to deal with this. Hope she finds the right answers soon. Hugs to her

[MelissaL]

That is awful! Does your friend have documents showing that her termination was voluntary and for medical reasons?

If Disney still won't budge after she explains the situation, then pursuing some kind of legal action could be worthwhile. I don't know much about the Americans with Disabilities act, but it certainly seems likely that forbidding someone from entrance due to a disability is a violation.

I hope your friend is able to help Disney see how wrong the trespass notice was!

Melissa

[CinderAbby]

I hope your friend is able to help Disney see how wrong the trespass notice was!

Not only that but how wrong that Security Guard was. Definitely sounds like his position has gone to his head. Will hopefully your friend is doing better today and can get everything straightened out without it causing further harm to her health (as we all know stress can do a number on us).

[MayraLR]

Wow, this is unbelievable! So sorry for your friend. What I don't understand is the stated reason as to why they banned her. Because she was terminated as a CM. Aren't CM that have been fired ever permitted access to WDW property? Is that their policy?

It's so sad this has happened. I also feel she has been discriminated. I think your advice to her is correct. If she can't reach some sort of an aggreement with Disney Co. then she should get herself a lawyer. Hope everything is straightened out.

[JoanneS]

Is she travelling alone to WDW knowing that she will probably have a seizure while she's there? That doesn't sound very safe to me.

I'm sorry that she was issued a trespass notice, though. That really stinks.

[Pax]

Originally Posted by WillCAD

He made it very clear to her that she was being "trespassed", as the ban is called, solely because of her seizures.

Blatantly illegal, and a violation of the Americans with Disabilities Act - period; do not pass go, do not collect $200, go directly to "this court finds in favor of the plaintiff".

And I sincerely hope it was the action of just ONE, thoroughly rogue, person in the Disney hierarchy. They are normally so good about accommodating guests with disabilities, that your story is .... well, jaw-on-floor astounding, to me!

I'm sorry for the long rant, but as is probably evident, I am so outraged by this debacle that I can barely see straight. I just needed to vent a little.

I don't blame you in the slightest. Honestly, I'm impressed you managed to keep your language clean enough for the PP boards, considering the circumstances; I'm not sure I could have done the same.

[sunshinetaradise]

I would go back and demand to speak to someone in guest services because this does NOT sound right at all. I feel as if a cast member let their position get to their head. As others have stated...it is definitely in violation of the ADA

[Eeyore Tattoo]

I believe it's a liability issue, They can't take the risk of her getting hurt or even killed if she has a seizure on a ride or someplace where she could do some real damage to herself or others. They do have a right to refuse service to anyone under these conditions.

[cdnmickeyfan]

I think there may be more to this story!!! This is one side of what seems like a very complicated issue. Sorry to your friend.

[PamelaK]

As others have pointed out, there may be more to the story. Without knowing Disney's side of the story, we can't really form a fully knowledgeable opinion of the situation. If this does end up going to court, then I'm sure the judge in charge will be able to make a well informed ruling as s/he will have heard both sides of the story.

As for someone else's comment about Disney having the right to refuse service based on liability issues, this is true. Disney is still a PRIVATE business. They have the right to refuse service to a guest if that guest presents a safety or liability issue for other guests. I am NOT saying that this is the case in the situation discussed in this thread.

With as much as Disney does to accommodate guests of all kinds of disabilities, it is always a surprise when they refuse service to anyone, and even more surprising when the reason for refusal of service is allegedly due to a disability.

I am sorry for the OP's friend. I hope she is able to get some resolution with Disney soon and in a way that everyone is happy. I also hope that her health improves, as it sounds like that is a possibility. Maybe once her condition improves, her days at Disney World will be more enjoyable.

[Caldercup]

Originally Posted by Eeyore Tattoo

I believe it's a liability issue, They can't take the risk of her getting hurt or even killed if she has a seizure on a ride or someplace where she could do some real damage to herself or others. They do have a right to refuse service to anyone under these conditions.

I agree with the idea that it's a liability issue. And, since it's not a singular incident, but a pattern of incidents, they are probably concerned about her being injured during one of her seizures, or injuring another person.

While it's a terrible shame, I think Disney may have a legal position to uphold the decision. I'd be interested to see what response she gets if she takes her complaint higher up the Disney chain than just the security guard.

Tell her she has our sympathies, Will. I can't imagine how low she's feeling right now.

[Pax]

Originally Posted by PamelaK

Disney is still a PRIVATE business.

However, it is still a "Place of Public Accomodation" (<--- actual legalese term, there), so it's not as easy or as open-and-shut as, say, me deciding who can or cannot be in my yard.

The liability angle may still come into it, but I felt it important to point out that merely saying "it's private property" doesn't empower them to turn anyone away, without a very good explanation.

As for being injured on a ride, keep inmind that this trespass order was taken out after she had an event at a resort, not int he parks. No rides in resorts for her to be injured on.

And the written reason on the Trespass order itself, simply doesn't fit. If they were concerned about insurance liability issues, or considered her a danger to other guests ... why wouldn't that order state as much, rather than incorrectly claiming she had been terminated from a CM position as justification for the order itself ...?

...

As a final thought: due to the Americans with Disabilities Act, even liability may not matter, if the only person at risk is herself ... and the risk can be shown to not be appreciably greater than elsewhere (on public transit, walking along in a park, etc).

[PamelaK]

One of the few helpful things I learned from my XH was the Americans With Disabilities Act. He did his Masters Dissertation on it and I learned more bout the ADA than I ever thought I needed to know.

First and foremost, the ADA applies only to PUBLIC structure such as public schools and governmental buildings. Most privately run entities tend to abide by the ADA as well when it comes to accessibility and employment.

The ADA also covers employment in that all businesses, public and private, must provide accommodations for employees as long as these accommodations do not cause an undue burden on the business or other employees.

The ADA does allow for the refusal of services if there is a foreseeable danger to others. As for the person discussed in the OP, her seizures could possibly put others in danger, depending on where/when the seizures occurred.

Because Disney is a PRIVATE business on their own PRIVATE property, they have every right to refuse service and NOT be in violation of the ADA. If someone with a chronic seizure disorder that causes severe seizures daily came to my home (my private property) I would ask that they not return to my home unless they have someone trained to care for them along. I would not feel comfortable having them in my home alone because I am not trained to help them during/after a seizure.

I feel sad for the woman described in the OP, and I hope that she is able to find a treatment method that helps her to suffer fewer seizures.

In the end, Disney is a private business and has the right to refuse service to anyone they choose. However, Disney tries very hard to accommodate everyone, but there may be times where they feel the need to refuse service.

[OneLittleSpark]

Originally Posted by PamelaK

As others have pointed out, there may be more to the story. Without knowing Disney's side of the story, we can't really form a fully knowledgeable opinion of the situation. If this does end up going to court, then I'm sure the judge in charge will be able to make a well informed ruling as s/he will have heard both sides of the story.

As for someone else's comment about Disney having the right to refuse service based on liability issues, this is true. Disney is still a PRIVATE business. They have the right to refuse service to a guest if that guest presents a safety or liability issue for other guests. I am NOT saying that this is the case in the situation discussed in this thread.

With as much as Disney does to accommodate guests of all kinds of disabilities, it is always a surprise when they refuse service to anyone, and even more surprising when the reason for refusal of service is allegedly due to a disability.

I am sorry for the OP's friend. I hope she is able to get some resolution with Disney soon and in a way that everyone is happy. I also hope that her health improves, as it sounds like that is a possibility. Maybe once her condition improves, her days at Disney World will be more enjoyable.

Originally Posted by PamelaK

One of the few helpful things I learned from my XH was the Americans With Disabilities Act. He did his Masters Dissertation on it and I learned more bout the ADA than I ever thought I needed to know.

First and foremost, the ADA applies only to PUBLIC structure such as public schools and governmental buildings. Most privately run entities tend to abide by the ADA as well when it comes to accessibility and employment.

The ADA also covers employment in that all businesses, public and private, must provide accommodations for employees as long as these accommodations do not cause an undue burden on the business or other employees.

The ADA does allow for the refusal of services if there is a foreseeable danger to others. As for the person discussed in the OP, her seizures could possibly put others in danger, depending on where/when the seizures occurred.

Because Disney is a PRIVATE business on their own PRIVATE property, they have every right to refuse service and NOT be in violation of the ADA. If someone with a chronic seizure disorder that causes severe seizures daily came to my home (my private property) I would ask that they not return to my home unless they have someone trained to care for them along. I would not feel comfortable having them in my home alone because I am not trained to help them during/after a seizure.

I feel sad for the woman described in the OP, and I hope that she is able to find a treatment method that helps her to suffer fewer seizures.

In the end, Disney is a private business and has the right to refuse service to anyone they choose. However, Disney tries very hard to accommodate everyone, but there may be times where they feel the need to refuse service.

Very well said. It's a sad situation, and I too hope she is able to find something to help her condition.