Disney World Reopening News: Liability Warning, VP Pence Visits Orlando & More
We’re back…again…with a Walt Disney World closure & reopening news roundup. This includes a variety of topics: WDW’s new liability warning, Vice President Mike Pence’s upcoming meeting with Orlando travel & tourism leaders, and answers to frequently asked questions about the temporary rules at Disney Springs.
Before we get to all of that, how about starting with some good news? Over the weekend, Disneyland Resort President Rebecca Campbell shared this video of the Air Force Thunderbirds flyover to salute frontline workers. It’s cool to see, but sort of surreal with the parks devoid of guests.
Walt Disney World has previously coordinated flyovers by the United States Navy Blue Angels of both Magic Kingdom and Epcot. For Armed Services Day, the Disney Parks Blog offered a look back at past flyovers that have paid tribute to active-duty and reserve service members, plus veterans.
Next, a look at the changes to DisneyWorld.com’s operational update/travel advisory (the pop-up alert that appears at the top of the site). First, there was the Disney Springs Know Before You Go Info, which we’ve already covered. Following that, a new liability waiver disclaimer notice was also added.
In pertinent part, here’s what the updated travel advisory on DisneyWorld.com states:
COVID-19 Warning
We have taken enhanced health and safety measures–for you, our other Guests, and Cast Members. You must follow all posted instructions while visiting Walt Disney World Resort.
An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and guests with underlying medical conditions are especially vulnerable.
By visiting Walt Disney World Resort, you voluntarily assume all risks related to exposure to COVID-19.
Let’s keep each other healthy and safe.
Since reopening, Universal Orlando’s CityWalk has placed sandwich boards with a similar warning. Such blanket disclaimers are not even remotely unprecedented or uncommon–you’ll find them on everything from the fine print on ticket media to California’s infamous Proposition 65 warnings, which are so ubiquitous that Disneyland regulars probably don’t even notice them anymore.
Expect to see signs similar to this up before health & security screening areas at Disney Springs, plus near transportation, turnstiles, resorts, and more once Walt Disney World gets back up and running. The good news is that Walt Disney World has plenty of sandwich boards they can repurpose from the Star Wars: Rise of the Resistance boarding pass dash!
There are significant limits on the effectiveness of disclaimers, but minimally, they put guests on notice and offer a sobering reminder that Walt Disney World exists in the real world, and doesn’t have magical bubble of safety around it. For now, it’s a good reminder, even if these signs eventually fade into the background for most visitors.
Several states, including Florida, are actively working on legislative initiatives to offer varying degrees of immunity protections related to the crisis. Among other things, this means that state law could potentially dictate that workers’ compensation is the exclusive remedy for employees contending that their exposure arose out of and during the course of employment.
Another concern that might be addressed by such legislation is the possible guests could file lawsuits predicated upon negligence. While theoretically possible right now, there would be a nearly insurmountable uphill battle in establishing causation and escaping basic defenses such as assumption of risk or contributory negligence. Even in the absence of (expected) federal and/or state immunity laws, it’s difficult to envision guests prevailing in such litigation given the safety and mitigation measures already announced by Walt Disney World.
Along these same lines, Disney Springs continues to update its frequently asked questions about visiting, as well as its “Know Before You Go” page, which also now includes a slightly modified version of the above COVID-19 Warning. This includes a few questions about face masks (by far the most “popular” and controversial topic pertaining to all of this):
Will masks or face coverings be required to enter Disney Springs?
Yes, the use of appropriate face coverings is required for Guests ages 3 and up throughout your visit to Disney Springs. Cast Members and Operating Participant employees will also need to wear face coverings while at Disney Springs.
What if I forgot my mask? Will masks be provided to Guests or will they be available for purchase?
The use of appropriate face coverings by both Cast Members and Guests is required for all members of your party throughout your visit to Disney Springs. Disposable masks may be available; however, Guests without masks will not be allowed entry to Disney Springs.
What if I don’t want to wear a mask?
Given this unprecedented situation, we appreciate everyone’s patience and understanding as we navigate these challenges as responsibly as we can. With our robust measures in place, we believe a key factor in our success in reopening Disney Springs will be our Guests’ acceptance and adherence to our new protocols. Guests without masks will not be allowed entry to Disney Springs.
There are also a few questions about social distancing and the capacity of Disney Springs:
How are you limiting capacity at Disney Springs?
Disney Springs will open with the implementation of Guest capacity measures to limit density and comply with state and federal guidelines. Upon opening, this includes limiting our parking locations for arriving Guests to the Orange and Lime Parking Garages.
How will restaurants handle reservations when they reach capacity?
Unfortunately, due to capacity restrictions at Disney Springs, once the parking garages are full, Guests will no longer be able to park and visit Disney Springs. This includes Guests who have a booked dining reservation. If a Guest is unable to make their reservation because Disney Springs is closed due to capacity, the dining guarantee charge will be waived.
How will Disney Springs control capacity for the stores and restaurants that will be open?
One-way and other directional signage have been installed to assist Guests to responsibly move throughout the property. Additionally, ground markings have also been installed to allow for proper physical distancing when queuing is needed at a location. We are also adding a new team to engage with Guests and promote physical distancing guidelines in common areas and queues.
That new team has our sympathies as enforcing these rules will give new meaning to the term “thankless job.” To those of you who do choose to visit Disney Springs, please be kind to Cast Members. This should go without saying and is always the case, but it’s especially true now.
Front of line Cast Members with whom you interact have literally zero say over Walt Disney World’s policies they’re tasked with enforcing, and you’re not going to change anything by being rude to them. These people have already gone through a lot during this ordeal, and some probably have mixed feelings about being back at work. Suffice to say, you catch more flies with honey than vinegar…
Finally, Vice President Mike Pence is scheduled to visit Orlando on Wednesday to make a number of stops. The initial aim of the visit was to stop at a nursing home to deliver personal protective equipment as part of a White House initiative to deliver PPE to 15,000 nursing homes nationwide.
According to the White House, Vice President Pence will then meet with Florida Governor Ron DeSantis to discuss Florida’s phased reopening with the governor. As we previously reported, DeSantis announced Florida Is Entering “Full Phase 1” to reopen its economy, which notably increases restaurant seating to 50% capacity on Monday.
Most notably for Walt Disney World fans, Vice President Pence will join in a roundtable with hospitality and tourism industry leaders to talk about reopening. Florida’s “Full Phase 1” also entails theme park operators submitting their safety plans and a target date for reopening to the state for review.
It’s unclear who from Walt Disney World and Universal Orlando will participate in this roundtable. On the state level, Josh D’Amaro, President of Walt Disney World Resort, is part of the Re-Open Florida Task Force Executive Committee headed by Governor Ron DeSantis. (Note that we usually cover the Orange County Economic Recovery Task Force meeting, which counts Walt Disney World SVP Thomas Mazloum as a member. There are several task force groups and subcommittees–it can get confusing.)
We’re hopeful that one thing to come out of the most recent developments and this week’s roundtables is a target reopening date for Walt Disney World. Whether that’s one month from now or six, some clarity would be nice so people–both guests and Cast Members–have a better idea what the future holds. It’s absolutely understandable that this is an evolving and dynamic situation, and Walt Disney World has made a range of contingency plans. However, the official communications from Disney have left something to be desired, with guest-facing and Cast-facing policies and ‘announcements’ (or lack thereof) differing from, and sometimes contradicting, what leadership has stated in interviews or task force meetings.
Planning a Walt Disney World trip? Learn about hotels on our Walt Disney World Hotels Reviews page. For where to eat, read our Walt Disney World Restaurant Reviews. To save money on tickets or determine which type to buy, read our Tips for Saving Money on Walt Disney World Tickets post. Our What to Pack for Disney Trips post takes a unique look at clever items to take. For what to do and when to do it, our Walt Disney World Ride Guides will help. For comprehensive advice, the best place to start is our Walt Disney World Trip Planning Guide for everything you need to know!
YOUR THOUGHTS
What do you think of this news? Thoughts on the liability warning? Think a reopening date will come of this week’s meetings with theme park leaders in Florida? We welcome a variety of viewpoints here, and don’t delete anything on opinion alone. However, we will not tolerate insults, arguing, or politically-charged comments. Don’t ruin a 95% fine comment with an unnecessary cheap shot—that 5% will get it deleted. Additionally, please do not incessantly harp on the same point across multiple comments. Respectfully share your opinion and move along.
Good!!
The masks seems to be temporary … right??
Following guidance from the government and the medical community regarding enhanced screening procedures and prevention measures, we have made some TEMPORARY adjustments that include limited-contact Guest Services to ensure a responsible and enjoyable environment for everyone.
https://www.disneysprings.com/reopening/?CMP=ILC-DPFY20Q3wo0514200019A
Yes, this is absolutely all temporary. Why anyone thinks this is permanent is beyond me–it’s not just extra hassle for Disney (like regular security screenings), it’s actively discouraging a lot of people from visiting and will negatively impact the in-park experience (and by extension, guest time on site and spending).
The key question is “how long is temporary?” At this point, no one knows that.
Good!!
Temporary or not know one knows what our new normal is going to be. Instead of being concerned about rules we have to follow to protect everyone, we should be thankful Disney is opening at all. And keep in mind it might take a couple of times of closing and re-opening to get it right. Although some people are upset about wearing a mask and that their freedoms are being taken away, I say this…remember freedom isn’t free. And you do not have right to keep me from being safe, healthy and alive, So wearing a mask or gloves is nothing compared to the pandemic that is our reality.
Thank you for the updates. Any news on the Disney college program? Last I read , all programs were canceled through June, but I have not been able to find any new information. Any info you have would be appreciated.
To my recollection, the Fall Advantage one was the last impacted and the regular Fall program has not yet been cancelled. I think that was as of last month, with no new developments since.
I wouldn’t be surprised if the Fall CP is cancelled, too. There will be no shortage of available labor in Central Florida, and even though it’ll cost Disney more, it’s more dynamic–and also doesn’t entail the same liability concerns as CP housing. (Total guess on my part, though.)
Thank you. My daughter is scheduled to arrive on August 17th. We’re still holding out hope!
I haven’t seen this addressed, but how would any mask requirement be enforceable or even doable in a restaurant while eating? Just curious.
The policy states except while dining if I recall correctly.
Though I wonder how they will go about enforcing this once parks reopen. I usually have a drink and at least popcorn on hand at all times and far to often a turkey leg, dole whip, chocolate covered pineapple or other favorite Disney snack. The way I eat at Disney I might never have a mask on . Does snacking and drinking constitute dining? By dining I think of sitting down in a preassigned dining area. Will they make you go to a designated area to snack? Will they not sell snacks (preposterous)!
@Karma
I can’t help with the snacks but if you get a flex straw or three you can slip it discreetly under your mask and easily sip your drink. Just be sure to remove it and seal up before you exhale.
As a communications professional, I can’t agree with you more that Disney needs to be clear and upfront with what is happening and set some expectations with timing. It’s a complicated situation, no doubt, but I would personally appreciate some sort of rough timeline so I can decide whether my July trip is still on the table, or if I need to start looking for an alternative vacation destination.
I will never visit any Disney owned location while there is a policy that you MUST wear a mask. I guess I understand why its required, but I will never go. Numbers will be extremely low with this order in place. I guess I’ll be heading to the beach where this isn’t a requirement.
I’m not happy with the mask policy, and don’t plan to visit soon, but if I did, I would never be rude to a cast member. Nor would I even think to sue Disney. I hope people who go realize they mean it: you go at your own risk. I’m in Myrtle Beach this week. Not a mask in sight and Covid numbers are low. It seems to me a good strategy would be phasing guests in according to state covid numbers, America only to start, etc. Interesting that Pence is visiting.
Thanks for the update, Tom! I deeply appreciate your plea on behalf of the CMs. A good friend of mine spent a year working at the World of Disney, at Disney Springs, and it is shocking how poorly she was treated by guests. I hope people will be kind to one another as these temporary measures are navigated.
Everyone should work in the service industry at some point in their lives.
I spent several years working at Meijer (supermarket) and Subway throughout high school and college, and that more than anything else shaped my views on how to treat (and not treat) others. Thankfully, the owner of the Subway franchise at which I worked absolutely did not embrace the mantra that “the customer is always right.” I cannot imagine being a frontline Cast Member, even before this. Way too many Walt Disney World guests are way too entitled.
Tom, I completely agree!!! I grew up working in restaurants and spent two of my college years as a Starbucks barista. I move through the world with nothing but compassion for service industry professionals. It seems like many people take advantage of Disney’s high expectations of their CMs, rather than just appreciating how much they do, for so little pay.
Masks are temporary – see Disney Springs Website – I miss seeing the Magic Kingdom fireworks from my backyard! I made my own neck gaiter by cutting a long sleeve from a shirt. Let’s all us locals go, get tipsy and the pain of the masks will not be felt! xoxo
Ooh. You should diy a mask with a resealable straw hole. Lol
Based upon that disclaimer by Disney on people over 65, would you expect them to offer refunds on AP instead of extensions for people over 65 or with health conditions.
I can’t imagine spending a day in the hot Florida heat wearing a mask. That doesn’t seem enjoyable. I wear a mask at the grocery store, but I just can’t do it at Disney. As much as I want to go this year, I’ll wait until the rules change again.
What if you have a medical condition and cannot safely wear a mask? Are you barred?
There are some mental health conditions that prevent mask wearing, but not really any common physical health conditions that would prevent it.
Mandating wearing a mask is no different than mandating wearing clothes. Nobody would object to naked people from being barred at Disney.
I would think that if you had an underlying medical condition and this virus would put you in the high risk factor of death, maybe you shouldn’t be in large gatherings of people.
Yep. Because the mask is to protect the CMs and not you. It’s permissible under the ADA for public health.
If you have a condition that makes it hard to wear a mask this really isn’t a good time to go to Disney, or you might have to do shorter days. You could possibly get away with a neck gaiter that is lighter or maybe a face shield that isn’t over your mouth.
I know you’re a lawyer by training, as am I… and as someone who works in personal injury (though primarily medical malpractice), you are underrating the chances of negligence actions by guests.
First, as to causation — remember that we are starting to get much more active about contact tracing. I agree with you that causation would be a major hurdle for a couple isolated cases. But if a spike, an outbreak of hundreds (or even thousands) of cases is traced back to Disney, then causation won’t be much of a hurdle.
So Disney’s policies are wise — in part because you really want to prevent an outbreak that could be traced back to Disney. Because that really would open up liability.
As to an actual finding of negligence — that’s where we get into the nitty gritty. Yes, Disney has announced policies that would show a them reasonably meeting a duty. They are broadcasting the warning LOUDLY so that it doesn’t become a contract of adhesion. (if it fades into the background as fine print on a ticket, then it may not be enforceable).
But, questions about liability could abound: Some of the liability questions IF there is an outbreak traced to Disney:
1 — Were Disney’s announced policies reasonable prevention to begin with? We don’t know ALL the policies that will be in place when Disney re-opens. But let’s say they do restaurants at 50% capacity… should they have done 25%?
2– Did Disney follow and enforce their own policies? This is a big one. Do all their queues have adequate social distance spacing? Do they actively prevent people from gathering close together in the parks? Do they just shrug when people remove their guests?
3– How quickly does Disney react to an increase in infection? If their internal research shows growing cases within the parks, do they take immediate action or decide to ride it out?
So yes, liability for guests could be a real concern.
From a liability perspective, they are wise to enforce strict regulations for 2 reasons:
1– Those regulations actually will prevent outbreaks. No outbreaks, no lawsuits.
2– Strict enforcement of those regulations will provide a defense if there is an outbreak.
I’ve never practiced in personal injury or medical malpractice, so perhaps I should defer to you there. With that said, I’m very skeptical that the United States will get serious about contact tracing. I could see some states using the Google/Apple API, but in general I have significant doubts (hopefully I’m wrong).
They actually did trace a couple cases to Disney in March, before they got serious about contact tracing.
And they are only getting more serious now.
Yes, an isolated handful of cases would be hard to trace back to Disney.
But if there is a large outbreak of hundreds of cases? Wouldn’t be hard to trace back to Disney. For example, New York IS getting serious about contact tracing.
So imagine 1 Disney guest returns to NY.. tests positive. New York traces back to Disney, warns about given locations within WDW…. some further investigation uncovers hundreds of positive cases, who were at Disney on the same dates…
I believe then it falls back on a government wh is elected to keep its constituents safe and if they have deemed safety as unnecessary then the onus is on them as long as WDW has followed the guidelines set forth by the government committee. If a state says everything is fine because there has not been adequate testing to begin with then contact tracing will be hard to manage since anyone could be walking around spreading the virus. Yes, numbers are down but that is because things have been shut down, but now you are opening the state up to visitors from other states who had their own set of rules and testing or non testing so the spread becomes easier. I do not like wearing a mask, but it is vital to help contain any type of spread as we open up in a smart way to see how the numbers go and whether healthcare can handle it. Temperature scans really are not that conclusive with this virus because unlike a lot of others many are walking around asymptomatic or just a few of the symptoms but they can still spread the disease and if you are the one who gets it and dies – whose fault is it? If everyone takes precautions, liability is will, but if precautions are cast aside then yes, someone needs to be held accountable because the warnings are there. Making a show by taking a few photo ops means nothing if you do not take the contagiousness of the virus seriously to the public yet continue to get tested privately. It is essentially fooling the public for selfish reasons and is causing much discord. If you do not want to wear a mask, just don’t go right now. Check out the urinating and clothes diagram if you do not understand how masks help contain the spread, it really is common sense but this puts it in context for people who refuse to see it. Private properties have the right to set the rules. You are required to wear shirts and shoes into their establishments – wearing a mask is temporary, hopefully, if people can just get it in their head there is an absolute need to do this in phases and smartly not greedily. Go look at a full football stadium of 100,000 people – that’s what we are coming to with COVID & COVID related deaths.
So, by trade, I am an intel analyst with much experience in, so called, contact tracing. It is IMPOSSIBLE to say that someone caught this virus at a specific location. Even if we take for granted that we could trace the infection date of this disease to within 24 hours. (Which we can’t, the closest is 7-14 days.) But if we could, who’s to say you didn’t get it from a non park tourist at the bus stop trying to hop the bus for a free ride from Disney Springs to some resort they want to visit? You could never say that a person contracted this virus while within the parks limits. At best, you could say they caught it while on vacation in Orlando. You want to say PROBABLE, I’m good with that. But that leaves the room for non liability.
@sml … my reply went to the wrong spot.. but anyway… “probable” is what is required to PROVE causation in a civil context.
You don’t need to prove “beyond a reasonable doubt.”
You just need to prove it’s “more likely than not” or “preponderance of the evidence.”
So, if testing and contact tracing suggest you were infected 7-14 days earlier. And you spent most of those particular days at Disney… and an outbreak of hundreds or thousands of cares are traced to Disney around the same time period, then a jury could conclude it is “more likely than not” that you were infected at WDW.
And once you get to the point where a jury MIGHT award the plaintiff — Disney won’t take it to trial, they will settle it.
I am worried about people who are going to be “breaking the rules” and the people who feel like they just have to set them straight. I see some clashes going on and maybe even some outright fights. There are so many who don’t think they should have to follow the rules. I liked that you included an encouragement to be kind to cast members trying to enforce safety measures. Keep it happy, folks!
“Probable” is the burden of proof in civil litigation. To win a civil liability case, in terms of the element of causation, you just need to prove “more likely than not.”
So if there is an outbreak with hundreds or thousands of cases traced to a specific week at Disney, and you’re one of the people at Disney that week who tested positive after your visit –
Then you can easily meet the burden of proof. It’s more likely than not that you contracted the virus at Disney. Causation thereby proven.
I hope that things go well with Disney Springs reopening and that the parks open sometime over the summer (I’m a little worried this won’t be the case).
But when the parks and resorts do reopen my family and I will be there with masks on. We have already talked to our kids (Almost 6 and 7) and they understand what is required and want to go.
Just curious do general disclaimers usually legally cover Disney. Is it that everything everyone does is at your risk? If Disney is open people are going to go. Come to Disney and do so at your own risk. Maybe they should stay closed! ( I can’t believe I said that)
“Just curious do general disclaimers usually legally cover Disney. Is it that everything everyone does is at your risk?”
The answer, as with so many things, is “it depends.”
For example, if you were standing on a beach in view of a wildlife warning sign and a Florida panther mauled you, the disclaimer likely would have no bearing on any lawsuit (other variables might, however). By contrast, if you entered the water and a different critter attacked you, the warning would carry more legal weight.
“Contracts of adhesion” — Basically, fine print. They tend to be enforceable when they are routine reasonable things.
For example, fine print: “You may be asked to leave the property if you cause a disturbance. You agree not to wear a costume that would be mistaken for a Disney character” etc.
But if you try to sneak something totally un-routine into the fine print, it would be totally unenforceable. “By entering the park, you agree that Disney reserves the right to claim your first born.”
I do fully understand why Disney World has not announced a target date for reopening, but as someone with a reservation in August, I would like to know sooner rather than later the intended date.
Once I have an idea as to whether Disney is looking at either a month or six months, I can then plan for what to unpick with our holiday. Fingers crossed it’s opening, but I am getting to a stage where clarity is more important than going.
We have a reservation beginning June 12 and still no word from Disney. That being said, the mask wearing for hours on end in the Florida heat and humidity would still be a dealbreaker.
We have reservations in August also. Not sure its going to happen. How long are you waiting before cancelling?
The difficulty we have with cancelling is that we are flying from the UK to NYC (4 day trip) and then on to Orlando and Miami (15 days). So, there are a number of flights and hotel bookings. Ideally, I would cancel everythig in late June, but I am going to have to wait as I need a transatlantic flight to be cancelled in order to make an insurance claim…At least the Disney hotel can be cancelled without penalty on short notice.
How do I change my avatar? I have beautiful Tinkerbell ears I want to display
https://en.gravatar.com/
It’ll change your avatar on any WordPress site that uses this same commenting system, FWIW.
Pardon me while I try to put a mask on a three-year-old.
you know what is really neat? Disney World will still be there when he is old enough to comprehend the danger that we face right now….
You know what is really true? Your mask wearing won’t guarantee a thing; it’s a good faith measure. Period. Disney will still be there later if you are so concerned for your safety.
amazing, my 3 yr old Granddaughter is being taught she needs to wear it and keep it on if she wants to go out to the park when they reopen and to a store or even WDW in the fall. She is wearing it at home to get used to it and to find the most comfortable ones – she never wants to sit in her car seat either, but she does that too. If this year doesn’t;t look like its going to work out, we will rebook for a later date.
So the masks are for the safety of everyone and I am required to wear a mask to “enter” Disney Springs. If I am not wearing my mask and pose a risk to everyone else there? Is that what they are trying to claim?
Works for me. Looks like our October trip is good to go!
Disney will have to hire an army of security guards to enforce masks. How many kids will refuse to wear one, not to mention adults? Will they forcefully remove them from the park without a refund if they refuse? You can’t expect regular characters and park employees to enforce this.
We are canceling our October trip of 12 because we are concerned that characters will wear masks. Not fun for the 3 little kids.