Thursday, February 12, 2009

What can you do me, I love you!!!

A few days ago someone posted a newspaper article in the back of City Hall. it was a story about Florida's Tower or Terror and a suit that has arisen. A woman with abdominal adhesions and an Annual Pass had been riding Tower 12+ times every Saturday for almost 4 years. She claimed that the G forces helped break up her scarring and cut down on not only her pain, but the number of surgeries she needed.

So far, so magical, right? Disney attractions literally save lives! WRONG.

Turns out she was a wench. She was pushy and rude with the Tower CMs and the guests, and she had been using the alternate entrance to the attraction without a GAC for the first 3 years. At one point, she got too aggressive and a Tower manager told her she could no longer use the backdoor without a GAC. So she went to City Hall and got one, and continued to use it for a few months. Then another manager tried to limit her to only 4 rides a day, and revoked her GAC. (Attractions friends, help me out here; what's the rule on multiple rides with a GAC? This is the ONLY part of the story that seems a little fishy on Disney's side.) SO she went to City Hall again, cursed and yelled and threatened, security was called, she was offered a different GAC to allow her to use the Fastpass lines and refused, and left.

Security followed her to make sure she was leaving the park. Instead, she was headed...FOR TOWER! So they intercepted her and asked her to leave. She refused, she was escorted off property and issued a trespass. While in the holding room, she claims she overheard the park security officer and the Orlando PD officer laughing about "finally getting rid of" her. Her AP was revoked, she was cited, and it was off to the races!

She is suing TWDC for 1. Breach of contract (for her AP) 2. Intentional Emotional Distress & 3. False arrest. She claims she never cursed and it was all a big conspiracy by Disney to cause her physical and emotional pain.

She has also previously appeared on Maury. ;)

Number 1: Breach of contract
Your AP may be revoked by Disney at any time for misuse (including harassment of CMs.) Also, Your AP contract states that all attractions are subject to availability and change without notice. How do you find on the first count? Not Guilty.

Number 2: False Arrest
WDW is private property, and you may be asked to leave at any time for any reason. If you refuse, you are subject to trespass citation. If you are being held in "a small room adjacent to the Security office" (as your suit claims), you are being detained while the citation is completed. You are not under arrest unless you have been read your rights. Detention may last a maximum of 48 hours without arrest. You were detained 45 minutes. False arrest cannot occur without first having an arrest. How do you find on the second count? Not Guilty.

Number 3: Intentional infliction of emotional distress
I'm sure there are a million directions you could go with this one, but this woman has decided (as per her suit) to focus on the overheard conversation between the Disney officer and police officer. First off, any "overheard" conversation cannot be argued to be intentional. Overhearing something implies an intention of the speaker for the conversation to have been private. Second, if the plaintiff claims the phrase used was "finally getting rid of her", then it can be inferred that there is merit to Disney's claim that she had caused problems previously. This discredits not only her false arrest claim but also her breach of contract claim, since both cases would be justified by any "misuse" of her AP or disturbance caused within the parks. Either way, if you scream and curse at me, I throw you out of my house, and that hurts your feelings - you brought it on yourself, I am not intentionally causing you harm. You chose to misbehave. How do you find on the third count? Not Guilty.

Disney should counter-sue for trespass, harassment and libel. Also for being a turkey leg gobbling annual passhole.