Sounds like another Liberal judge! What if the kid didn’t want to wear clothes because it set off his Autism – Would that be allowed (by this Judge… I’m sure!)
Health rules are health rules and more than likely they were part of that states mandate – Not Disney.
The ADA act doesn’t trump in this situation because the health crisis is about the safety of the population, not simply the health of the individual. There are individuals who cannot wear a mask because of health issues, and they are denied entry on the same grounds. Look up applications of ADA when the government declares a crisis. You will see.
This issue has nothing to do with the ADA. The ADA applies to discrimination in employment, public facilities/transportation, state/government access and telecommunications providers (i.e. tv, phones etc.). A Disney store falls under none of those categories and therefore ADA does not apply in this case.
A big difference between a child who did not want to wear something versus a child who cannot wear something; that is to say the child cannot tolerate the mask. Ironically much like your comment shows that you cannot tolerate a child with a disability with this allows the child to tolerate the mask.
The ADA has nothing to do with this issue as that act applies to employment, public facilities/transportation, state/government access and telecommunications companies (i.e. phones, tv, etc). A Disney store falls under none of those categories and therefore only has to comply with the employment section of the ADA.
Actually you are wrong about the ADA the ADA covers more than employment and if you had done any research you would know this just look up title 3 of the ADA which is what Disney stores need to adhere to.
Apparently you have never dealt with children with Autism or any other Special Needs, it could be a sensory overload for them, they could have problems breathing with it on, and there were exceptions made during the pandemic for people medically unable to wear masks. I know I was allowed to not wear one due to medical reasons.
This is the opposite of discrimination! My son is on the spectrum also, but I still made him wear his mask! Expecting everyone to follow the posted rules is not discrimination!
If you truly have a child in the spectrum, then I hope you would have enough education to know that it is a sliding scale and not all autistic people react the same way. Definitely some with autism can wear the masks and others with autism as well as many other types of disabilities cannot. If you do not know this you need to educate yourself on your son’s condition.
Yes, you do. These are PRIVATE companies. They can do whatever they want, within reason. If the ADA runs afoul of overall public safety in a very specific situation, then the ADA doesn’t apply.
You know you people who say to bad and for the person who said you make your kid wear one. Well aren’t you special. Some kids with special needs have sensory issues and no matter what you do they will not wear one. So unless you can walk in someone shoes then shut the f up I stand behind this women 100%. It’s ok for someone people to call discrimination Bc of the color of there skin and then we kiss there ass. But in this situation people want to say she is in the wrong. Bull.
Every person/child that is on the spectrum are NOT the same. My 3yr old is NonVerbal.and “level 2” Autistic. There are kids that are high functioning and do not have sensory issues. How about you wrap your face in duct tape including over your mouth (without you understanding why you have to do it in the first place because your brain can’t understand something like that) and try to go about your day. Or better yet, the world tells you to do the same exact thing to YOUR child. I’m sure you would feel differently if it were your child crying and being judged and not accepted.
Duct tape is hardly the same as a thin disposable mask or even a cloth mask. You want to make comparisons? Then make sure you’re comparing apples to apples not to something entirely different.
She knew the rules before she went. All she probably needed to do was get a doctor’s note. Sometimes the problem is the parents and not the child, as this shows. The parent wants her child’s rights, well guess what? You still need to follow the rules.
But the ADA also says the store or facility needs to make reasonable accommodations. Those include use of a face shield. It doesn’t sound like the staff was familiar or something is being left out of the story.
Well this topic goes to a deeper problem, that everybody feels they are entitled to everything. Disney is not a right it’s a luxury. A fact that people knew 50 years ago but now have no concept of-everybody should get everything at all times. Sorry that is just not life. Now it would be a different problem if you couldn’t get food for your house because You couldn’t take your autistic child in a store. This is not food. This is a luxury theme park.
This is ridiculous. They are/were being treated as equals and expected to abide by the same rules as everyone else. If you or your child or anyone is unable to adhere for [reasons] then shop elsewhere or stay home. I’m sorry for the mother and the child on the spectrum, but the safety of other guests and staff are paramount over an expecting during a Mufasa loving pandemic. I hope the case does get dismissed at some point or that the judgement is in favor of Disney’s defense.
Eric m, feel free to read Kaya’s message below which is the most realistic one yet of the bunch. Plus these were special circumstances due to covid where her son, if infected could have spread his virus to other customers. Disney employees were watching out for their and other customers health. But thanks for your smartass little “referral “.
Wow so many hurtful comments, as a mother with an autistic child with sensory issues my son has problems wearing a mask no matter how many times I put it on him he won’t keep it on. Feel free to Google the Americans with Disabilities Act.
Deborah, thank you for your “insight” as a mother of an autistic child… but also refer to my comment above since these were not ordinary circumstances protected by your little “act”. If your child was unable to comply by the rules under these very special covid circumstances created to protect OTHERS, not just your lovely child, than I would hope that you as such a loving mother would keep him/her away from the Disney store during these extreme times to keep him/her safe AS WELL AS OTHERS AROUND HIM/HER safe. But I’m sure that as such a reasonable mother that you are, you would agree with me in that everyone else’s health matters too… right??
I understand the ADA but why even take your child to a store where you know that the rule is to wear a mask? They weren’t discriminating. They were following the rules. A pandemic is nothing to scoff at. This is a case of a mother trying to break the rules. She should have waited until the face mask restrictions were lifted before taking her child to the store.
These comments are unbelievable. The child has a disability. Clearly some people do not understand what that means. He cannot do the same things as you can. It’s that simple. Disney was discriminating against him by not letting him enter the store. Maybe Disney should start some separate but equal stores for people with disabilities and those that don’t have disabilities. I am thrilled to read that the case will go forward. I support this mother 100%.
Meredith if this child was unknowingly infected with the virus( because yes you could have it without having symptoms ) and infected others at the store would that have been Ok? The mask mandate was for everyone. If you can’t or won’t wear it then don’t go there. Simple as that. There was no discrimination.
Yet another frivolous lawsuit jamming up our justice system.
Would an apology, free Disney stuff from the store plus a gift card to shop online (or in store once mask policy was lifted) not have sufficed since the mother claims she’s not seeking monetary compensation in her lawsuit?
With sincere respect to those with autism and children with autism, the mother was aware of the mask policy so why did she take her child in public during a pandemic? She knew it was required in public, not just the Disney store, plus knew her child would more than likely react negatively to having a mask on his face.
A state or local government agency or private business may not have to
provide a reasonable modification to the face mask policy if the individual with
a disability poses a direct threat to the health or safety of others.
I 100% agree with the parents. From just about the beginning of this “pandemic” we’ve known that it does not affect children like it does adults. And we have hipa rules that prevent discrimination based on medical conditions that must be followed. Just because a government entity believes or thinks, for whatever reason, that people must wear a face mask does not mean it can violate people’s rights rights.
Don’t take your kid into the store. It’s as simple as that. You act like she’s some patriotic hero for putting her own child in danger. Maybe she is a Q nut.
Their policy was stated, wear a mask. If you can’t then you have a choice don’t go in. Simple. The mask policies weren’t inacted to discriminate or inconvenience anyone they were to protect people. If you’re someone who doesn’t agree with wearing masks then don’t but stores have the right to deny you entrance if you don’t conform.
Why hasn’t any child welfare agency taken this child from this woman? She knowingly endangers her own child and others by needlessly exposing them to a PANDEMIC without minimal precautions.
As of April 297 children have died of COVID-19, and new childhood cases are rising. The autistic child should have been taught to wear a mask at home if possible. It shouldn’t have been a “new experience”. If not possible, Mom should have gotten a sitter. I taught severely handicapped for 26 years and care…She should have protected her child and others.
If this mother knows her child is on the autism spectrum and has issues with wearing a mask, I’m curious why she subjected the child to the mask wearing in the first place. I could understand if this was a grocery store or an essential service, but this is a Disney store. Personally, I have my suspicions about this suit.
Being disabled doesn’t trump over people’s rights to be safe in the workplace. Stupid decision. Also absolutely no reason why an autistic kid can’t wear mask anyway, allowances can be made but at some point disabled or not you will to be part of society you need to understand no.
Comments for Judge Denies Disney’s Motion to Dismiss Face Mask Lawsuit
KenG
Sounds like another Liberal judge! What if the kid didn’t want to wear clothes because it set off his Autism – Would that be allowed (by this Judge… I’m sure!)
Health rules are health rules and more than likely they were part of that states mandate – Not Disney.
Eric M
Apparently you are unfamiliar with the Americans with Disabilities Act
h west
The ADA act doesn’t trump in this situation because the health crisis is about the safety of the population, not simply the health of the individual. There are individuals who cannot wear a mask because of health issues, and they are denied entry on the same grounds. Look up applications of ADA when the government declares a crisis. You will see.
Joanna Coors
Apparently they are familiar.
Gigi
This issue has nothing to do with the ADA. The ADA applies to discrimination in employment, public facilities/transportation, state/government access and telecommunications providers (i.e. tv, phones etc.). A Disney store falls under none of those categories and therefore ADA does not apply in this case.
M.j.
I think you’re confused, a liberal judge would side with the current Controlling party. A judge upholding the laws would do what this one did.
Mike
Are the liberals in the room with you now, Ken?
Eric
A big difference between a child who did not want to wear something versus a child who cannot wear something; that is to say the child cannot tolerate the mask. Ironically much like your comment shows that you cannot tolerate a child with a disability with this allows the child to tolerate the mask.
Gigi
The ADA has nothing to do with this issue as that act applies to employment, public facilities/transportation, state/government access and telecommunications companies (i.e. phones, tv, etc). A Disney store falls under none of those categories and therefore only has to comply with the employment section of the ADA.
NC
Actually you are wrong about the ADA the ADA covers more than employment and if you had done any research you would know this just look up title 3 of the ADA which is what Disney stores need to adhere to.
T
Apparently you have never dealt with children with Autism or any other Special Needs, it could be a sensory overload for them, they could have problems breathing with it on, and there were exceptions made during the pandemic for people medically unable to wear masks. I know I was allowed to not wear one due to medical reasons.
Cathy
This is the opposite of discrimination! My son is on the spectrum also, but I still made him wear his mask! Expecting everyone to follow the posted rules is not discrimination!
M.j.
If you truly have a child in the spectrum, then I hope you would have enough education to know that it is a sliding scale and not all autistic people react the same way. Definitely some with autism can wear the masks and others with autism as well as many other types of disabilities cannot. If you do not know this you need to educate yourself on your son’s condition.
Ed
You have to wear a mask in any federal building same thing put your mask on. She says it’s not about money yeah right.
M.J.
You need to check yourself. With a medical disability you do not have to.
Jason
Yes, you do. These are PRIVATE companies. They can do whatever they want, within reason. If the ADA runs afoul of overall public safety in a very specific situation, then the ADA doesn’t apply.
Sue
You know you people who say to bad and for the person who said you make your kid wear one. Well aren’t you special. Some kids with special needs have sensory issues and no matter what you do they will not wear one. So unless you can walk in someone shoes then shut the f up I stand behind this women 100%. It’s ok for someone people to call discrimination Bc of the color of there skin and then we kiss there ass. But in this situation people want to say she is in the wrong. Bull.
Bob
The second lady Cathy has a child in the same situation and she says she makes her child wear a mask.!!!!
Tracy
Every person/child that is on the spectrum are NOT the same. My 3yr old is NonVerbal.and “level 2” Autistic. There are kids that are high functioning and do not have sensory issues. How about you wrap your face in duct tape including over your mouth (without you understanding why you have to do it in the first place because your brain can’t understand something like that) and try to go about your day. Or better yet, the world tells you to do the same exact thing to YOUR child. I’m sure you would feel differently if it were your child crying and being judged and not accepted.
Kathy Markiewicz
Duct tape is hardly the same as a thin disposable mask or even a cloth mask. You want to make comparisons? Then make sure you’re comparing apples to apples not to something entirely different.
.M.j.M
Trool
Kathy Markiewicz
She knew the rules before she went. All she probably needed to do was get a doctor’s note. Sometimes the problem is the parents and not the child, as this shows. The parent wants her child’s rights, well guess what? You still need to follow the rules.
DW
But the ADA also says the store or facility needs to make reasonable accommodations. Those include use of a face shield. It doesn’t sound like the staff was familiar or something is being left out of the story.
Stella
A face shield does not offer the same protections as a face mask
JJennJenn
Well this topic goes to a deeper problem, that everybody feels they are entitled to everything. Disney is not a right it’s a luxury. A fact that people knew 50 years ago but now have no concept of-everybody should get everything at all times. Sorry that is just not life. Now it would be a different problem if you couldn’t get food for your house because You couldn’t take your autistic child in a store. This is not food. This is a luxury theme park.
Mike
She put her own child in danger. That’s BS. And you support her? I hope to God you don’t have kids because you sound like a monster
Doug
This is ridiculous. They are/were being treated as equals and expected to abide by the same rules as everyone else. If you or your child or anyone is unable to adhere for [reasons] then shop elsewhere or stay home. I’m sorry for the mother and the child on the spectrum, but the safety of other guests and staff are paramount over an expecting during a Mufasa loving pandemic. I hope the case does get dismissed at some point or that the judgement is in favor of Disney’s defense.
Eric M
Feel free to google “American’s with Disabilities Act”
VDog
Eric m, feel free to read Kaya’s message below which is the most realistic one yet of the bunch. Plus these were special circumstances due to covid where her son, if infected could have spread his virus to other customers. Disney employees were watching out for their and other customers health. But thanks for your smartass little “referral “.
Kaya
I’m sure if he died from Covid-19 after visiting the store, they would have sued too.
Stephanie
Wow so many hurtful comments, as a mother with an autistic child with sensory issues my son has problems wearing a mask no matter how many times I put it on him he won’t keep it on. Feel free to Google the Americans with Disabilities Act.
VDog
Deborah, thank you for your “insight” as a mother of an autistic child… but also refer to my comment above since these were not ordinary circumstances protected by your little “act”. If your child was unable to comply by the rules under these very special covid circumstances created to protect OTHERS, not just your lovely child, than I would hope that you as such a loving mother would keep him/her away from the Disney store during these extreme times to keep him/her safe AS WELL AS OTHERS AROUND HIM/HER safe. But I’m sure that as such a reasonable mother that you are, you would agree with me in that everyone else’s health matters too… right??
DEBRA RUSOVICK
I understand the ADA but why even take your child to a store where you know that the rule is to wear a mask? They weren’t discriminating. They were following the rules. A pandemic is nothing to scoff at. This is a case of a mother trying to break the rules. She should have waited until the face mask restrictions were lifted before taking her child to the store.
MrsCapt777
Good point
Meredith
These comments are unbelievable. The child has a disability. Clearly some people do not understand what that means. He cannot do the same things as you can. It’s that simple. Disney was discriminating against him by not letting him enter the store. Maybe Disney should start some separate but equal stores for people with disabilities and those that don’t have disabilities. I am thrilled to read that the case will go forward. I support this mother 100%.
Ann
Meredith if this child was unknowingly infected with the virus( because yes you could have it without having symptoms ) and infected others at the store would that have been Ok? The mask mandate was for everyone. If you can’t or won’t wear it then don’t go there. Simple as that. There was no discrimination.
Jenn
For sure. That store is not a necessity but a perk. Oh and websites have this online ordering thing now?
MrsCapt777
Yet another frivolous lawsuit jamming up our justice system.
Would an apology, free Disney stuff from the store plus a gift card to shop online (or in store once mask policy was lifted) not have sufficed since the mother claims she’s not seeking monetary compensation in her lawsuit?
With sincere respect to those with autism and children with autism, the mother was aware of the mask policy so why did she take her child in public during a pandemic? She knew it was required in public, not just the Disney store, plus knew her child would more than likely react negatively to having a mask on his face.
Stella
This! All of this!
Joanna Coors
A state or local government agency or private business may not have to
provide a reasonable modification to the face mask policy if the individual with
a disability poses a direct threat to the health or safety of others.
Matt Johnson
I 100% agree with the parents. From just about the beginning of this “pandemic” we’ve known that it does not affect children like it does adults. And we have hipa rules that prevent discrimination based on medical conditions that must be followed. Just because a government entity believes or thinks, for whatever reason, that people must wear a face mask does not mean it can violate people’s rights rights.
Mike
Don’t take your kid into the store. It’s as simple as that. You act like she’s some patriotic hero for putting her own child in danger. Maybe she is a Q nut.
Bill G.
Matt, HIPPA rules have nothing to do with discrimination based upon medical condition.
Tina
Their policy was stated, wear a mask. If you can’t then you have a choice don’t go in. Simple. The mask policies weren’t inacted to discriminate or inconvenience anyone they were to protect people. If you’re someone who doesn’t agree with wearing masks then don’t but stores have the right to deny you entrance if you don’t conform.
Pyrat
Why hasn’t any child welfare agency taken this child from this woman? She knowingly endangers her own child and others by needlessly exposing them to a PANDEMIC without minimal precautions.
Shirley
As of April 297 children have died of COVID-19, and new childhood cases are rising. The autistic child should have been taught to wear a mask at home if possible. It shouldn’t have been a “new experience”. If not possible, Mom should have gotten a sitter. I taught severely handicapped for 26 years and care…She should have protected her child and others.
Michael
If this mother knows her child is on the autism spectrum and has issues with wearing a mask, I’m curious why she subjected the child to the mask wearing in the first place. I could understand if this was a grocery store or an essential service, but this is a Disney store. Personally, I have my suspicions about this suit.
jo
Mother says it isn’t about Disney money. Lets just see how much Disney settles for…..$$$$$.
Disabled Spreaders
Being disabled doesn’t trump over people’s rights to be safe in the workplace. Stupid decision. Also absolutely no reason why an autistic kid can’t wear mask anyway, allowances can be made but at some point disabled or not you will to be part of society you need to understand no.
Comments are closed.