Lehigh Valley Disney Store Loses Effort to Drop Autistic Lawsuit
The Walt Disney Co. received word yesterday that their request for dismissal of a discrimination lawsuit was denied. An autistic boy’s mother filed the suit after he was not allowed into a Disney Store in Lehigh Valley Mall in Whitehall, PA last summer. The boy could not wear a mask because of his disability, according to the filing.
The case now moves forward. Yesterday, U.S. District Judge Joseph F. Leeson decided that the lawsit does meet the requirements of the Americans with Disabilities Act.
According to the court filings, the seven-year-old experiences extraordinary sensitivity to touch. Shea Emanuel, his mother, tried many face coverings. However, she eventually decided to have her son not wear a mask, according to the lawsuit. Many people with Autism Spectrum Disorder struggle with sensory processing.
“We are very pleased with the court’s decision which confirms what we have known all along … civil rights do not disappear during a pandemic. We believe the court’s decision is definitely an early victory but an important one,” said Allentown attorney William Mansour in a statement published by The Morninng Call.
The lawsuit alleges that Disney Store staff did not let the boy enter when the family visited last August for a younger sibling’s birthday. The store manager did not let the boy into the store even after Emanuel explained the situation. The manager cited Disney’s mask policy at the time.
The suit also goes on to explain that the autistic son “was especially distraught since he was unable to fully comprehend why he was not allowed to enter the Whitehall Disney Store,” according to the Morning Call article.
Disney representatives countered that the request could not be accommodated because it was not necessary for the boy to enter the store. They also argued that mask orders kept their staff and customers safe. By not wearing a mask, Emanuel’s son put those people at a risk.
The ADA protects people with disabilities from discrimination in public. It also does require business owners to accommodate for special needs.
ADA Policy Challenges in Court
In the suit, the family asks that the Walt Disney Co. stop enforcing its mask policy against people with disabilities that are covered by the ADA and cover attorney fees. Already, mask policies across the company continue to disappear. Guests at all U.S. theme parks are now allowed to go maskless both indoors and outdoors if fully vaccinated. The only exception to the rule is transporation.
This is not the first ASD-related lawsuit that the Walt Disney Co. has faced lately. Last year, they received their first victory in court regarding their disability access. A judge ruled in their favor after an autism advocate sued them for immediate ride access for her adult autistic son. Another lawsuit of 58 families challenging the current Disability Access System continues in courts.
Currently, guests visiting Disney theme parks with ADA-qualified disabilities utilize the Disability Access System. The system relies on the Fast Pass queues to accommodate for special needs while enjoying the parks. Reach out to your travel planner to learn more about this system and how it greatly assists people to better enjoy the magic of the parks.