A disability lawsuit has been reopened against Universal Orlando Resort after a Guest claimed he was discriminated against at its Volcano Bay waterpark.
Legally speaking, theme parks are a lawsuit hotbed. From those blaming accidental injuries on theme park operators, to those who experience rare but serious incidents while riding Park attractions, litigation is all too common in the industry.

Back in 2019, one Universal Orlando Resort Guest experienced an incident that led them to take legal action against the theme park company. Dylan Campbell sued Universal Orlando after accusing the Resort’s Volcano Bay water park of violating the Americans with Disabilities Act when he was prevented from riding the Krakatau Aqua Coaster.
Born with only one hand, Campbell was turned away from the attraction due to the Park requiring people to have two hands to ride Krakatau. Universal has argued that it was complying with a state law that requires theme parks to meet minimum safety standards – which ultimately means complying with the criteria set by an attraction’s manufacturers. In the case of the Krakatau Aqua Coaster, the manufacturer requires riders to have two hands.

While the lawsuit was previously given a summary judgment in favor of Volcano Bay, a federal appeals court has now sent the case back to the district court.
The appeals court has argued that state laws do “not relieve Universal of its obligation” to follow the Americans with Disabilities Act, which prohibits any form of discrimination based on disability.
“Congress passed a sweeping law to prohibit discrimination unless discrimination is ‘necessary,'” said the 30-page appeal ruling, which was written by Judge Robin Rosenbaum. “If compliance with state law were ‘necessary,’ then any state could unilaterally nullify the ADA by enacting a state law requiring discrimination. That can’t be right.”

To now win the lawsuit, Universal Orlando Resort will need to prove that “refusing to permit Campbell to ride the Aqua Coaster is otherwise ‘necessary,’ as the ADA contemplates, or it must allow him to ride.”
This isn’t the first time a Guest has sued Universal Orlando Resort for discrimination. Jessica Cox – a bilateral arm amputee who is licensed to fly airplanes – also filed a discrimination case against Universal Orlando after she was refused access to its rides. Previously, two amputees (one upper limb, one lower limb) also sued Universal Studios Hollywood after they were turned away from an attraction.

“It appears Universal, known for its thrill rides, has stricter policies than SeaWorld or Disney,” wrote the Orlando Sentinel on the topic in 2016. “Cox and other amputees say they’ve been able to ride on Disney attractions, including the Rock ‘n’ Roller Coaster, with no problem. SeaWorld has harnesses designed to tightly restrain amputees in its roller coasters.”
While this is undoubtedly a safety issue to avoid possible injury, the fact remains that other popular theme parks in Central Florida have found ways to ensure access to their attractions for all. Stay tuned for more updates.