Credit: Jeremy Thompson via Flickr (background), Disney (Mickey Mouse)A recent lawsuit could change a Disney Park staple forever.
While theme parks are designed to provide safe fun for all, they tend to be hotspots for potential litigation. Considering that the Walt Disney Company has operated parks across the globe since 1955, it should come as no surprise that it’s faced legal action on numerous occasions.
In its 68 years in the theme park business, Disney has been sued over everything from injuries to discrimination. A large portion of these cases are dismissed. However, Disney has also settled – and lost – multiple cases in the past.
For example, earlier this month, Disney was forced to pay out $10 million after losing a battle over its Magic Key program. Several guests alleged that Disney had deceived them into purchasing a pass by giving the impression that it would come with no entry restrictions for Disneyland or California Adventure, as was the case with its previous Annual Pass program.
Previously with the Annual Pass Program, when you paid the maximum fee you could get into Disneyland with free parking and zero blockout dates. Now, with the Dream Key Pass, you can pay even more money with the promise of no blocked dates. However, getting a reservation during any busy time is nearly impossible.
Related: Disney Violated Children’s Privacy, FTC Records Prove
In July, the Walt Disney Company lost another legal battle – also regarding Disneyland. A California appellate court ruled that Disney had illegally violated a living-wage law passed in 2018 and had subsequently underpaid its cast members for five years. While Disney initially claimed that it was exempt from this law as it doesn’t receive subsidies or rebates from Anaheim, the city decided otherwise.
Ongoing lawsuits include a case filed by a guest at Walt Disney World Resort. The claimant alleges that they were “badly injured” after they became trapped in the monorail doors. Disney denies any wrongdoing and argues that they’ve provided no evidence to support their claims.
And, of course, there’s the company’s ongoing legal battle with Florida Gov. Ron DeSantis. While Disney had requested that courts dismiss DeSantis’ counter-claim against the company – which is arguing that DeSantis violated the First Amendment after Disney criticized his “Don’t Say Gay” bill – this was denied in July and the debacle is still ongoing while DeSantis powers through his presidential campaign.
Further afield, yet another lawsuit has been filed – this time at Shanghai Disneyland. According to Shanghai Daily, the resort is being sued for “infringing on individual portrait rights” after shooting and selling photos at the Disneyland park “without the visitors’ consent.”
The case is based on a visit to the park in 2022. A Soochow University law student – named as Wang in the lawsuit – was shocked to discover that his picture was taken while riding TRON Lightcycle Power Run in the park’s Tomorrowland area.
Wang was told that if he wanted to keep the photo, he would need to pay 118 yuan ($16). He reportedly argued that taking the picture without his permission was a privacy issue, and purchased the photo to avoid it leaking elsewhere.
The civil suit was filed by Wang last week. He is seeking a refund for the fee he paid for the image and demands that Disney cover the litigation costs. He also wants Disney to remove the image and issue an apology.
Shanghai Disneyland has argued that guests agree to the terms and conditions of the park by purchasing a ticket and choosing to enter. The written terms and conditions include a clause that “your entry into the park will be deemed to be your consent to be filmed.”
However, a lawyer told local news outlet The Paper that if Shanghai Disneyland did not clearly obtain consent from their guests, then it could, in fact, constitute an infringement on their privacy. Other lawyers noted that there is “a level of coercion by Disney” to ensure guests comply with their parks, which could violate the Civil Code.
Ride photos are, of course, common practice at Disney theme parks – not to mention most other theme parks – worldwide. In fact, Disney was one of the first theme park operators to install cameras in its attractions. But if this is highlighted as a security issue at Shanghai Disneyland, this has the potential to change how the park captures and distributes ride photos in the future. Stay tuned for more updates.
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