Last month the NAD Law Center, working with Douglas Noah of Dean, Ringers, Morgan & Lawton, filed a motion to change the original lawsuit against Walt Disney World to a class action lawsuit. The reason for this is that the NAD Law Center has received many complaints about Disney from deaf and hard of hearing people with diverse communication needs. This class action suit will allow us to seek broader accommodations than originally requested, including interpreters, assistive listening devices, captioning of films, etc.
On September 12, 1996, a motion was filed in the United States District Court for the Middle District of Florida, for class certification in the case of Harrison v. Walt Disney World. Co. and Lake Buena Vista Communities, Inc. The NAD Law Center and Douglas Noah, and the Law Firm of Dean, Ringers, Morgan & Lawton in Orlando, Florida, are co-counsel for the Harrisons.
The original complaint filed on behalf of Emily Harrison, a five-year-old deaf child, and her parents, alleges that Walt Disney World refused to provide sign language interpreter services to enable Emily to enjoy the various attractions there. A second complaint was filed on behalf of Rita and Ryan Barrett, who are deaf, and their son, Ryan. They went to Disney World in July 1996, and, like the Harrisons, requested Disney to provide interpreter services for various rides, shows, and attractions.
The motion for class certification asks the court to certify the class consisting of: Class Definition: The class shall be defined to be comprised of the following two subclasses (collectively, the "class").
Subclass B: All persons who have or claim they have, or will have or will claim they have, been denied full and equal access to or have suffered discrimination under Florida law at or connection with, or have otherwise been harmed, by, one or more of the amusement parks owned or operated by Walt Disney World Co. and/or Lake Buena Vista Communities, Inc. because they are deaf or hard of hearing people and have or will have been or claim or will claim to have been aggrieved by one or more refusals and/or failures to provide full and equal accommodations, advantages, facilities and privileges at any such amusement park.
The motion for class certification states that the proposed class meets the requirements for class certification. First, the proposed class is so numerous that joinder of all individual claims would not be practicable. Second, central questions of law and fact regarding the defendants' discriminatory practices are common to all class members. Third, the class of the named representatives are typical of the claims of all class members. Fourth, the named class representative will fairly and adequately protect the interests of the class.
Specifically, the motion states that the original complaint involves a deaf individual and her parents who wished to visit amusement parks owned and operated by the defendants. They sought equitable and injunctive relief against the defendants, requiring the defendants to ensure that deaf and hard of hearing persons are not treated differently because of the absence of auxiliary aids and services. They also sought declaratory relief requiring the defendants to make modifications in policies, practices, or procedures necessary to afford services to deaf and hard of hearing individuals. Finally, they sought to require the defendants to remove communication barriers to comply with the ADA.
"Disney's refusal to provide interpreters, captioning of their films at the park, and other aids to the enjoyment of Walt Disney World affects innumerable deaf and hard of hearing people," said Nancy J. Bloch, executive director of the NAD. "This historic class action lawsuit is designed to bring attention to the fact that Disney operating policies need to change � so that deaf and hard of hearing children and adults can fully enjoy the same events and attractions at Disney World as their peers!"