COVID-19’s Impacts on BGW

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Zachary said:
There are no exceptions at Disney Springs and the language is shared. Why would the policy be different? If anything, restrictions should be more relaxed at Disney Springs.

There is case law that carves out ADA exceptions for public health. Disney has an army of lawyers who know 1000x more about all of this than either of us. I'm confident that Disney's lawyers have done their homework and have all their ducks in a row. If these policies were illegal, Disney wouldn't institute them.
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Disney Springs isn't really the same as the parks and considering the resorts are closed, only limited numbers of locals would be coming anyways, so they may simply go elsewhere to avoid the masks issue.

Even if Disney can get away with this legally, which I'd seriously question and I'm unsure what's on the website is final policy, it creates long term customer perception issues and is bad for company PR in general.

Nicole said:
Are parks that are already limiting attendance really going to be concerned by a reduction in the number of potential guests?
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Pushing out 10-20% of your customer base that you really need to be spending money at some point soon is bad for business, especially if they go down the street to a competitor and don't come back.
 
I'm with @Zachary in that Disney's (and frankly everywhere that's opening that's a major corporation) is looking at ADA laws and posting these restrictions knowing it's fully within their rights. IIRC from sports law classes that I took, there's exceptions for what's considered "Unreasonable requests" within the ADA. This is the clauses that would allow a coach to tell a player they can't play football due to having a prosthetic leg, or can't play baseball due to being in a wheelchair. And it does extend to daily life. I'd agree with @Zachary 's assessment that public health us going to be an exemption that allows companies to require masks when on their property. Especially given the nature of this pandemic, it could be considered an unreasonable request to ask to not comply with the rules.

As for losing some of their customer base? I think there's already impacts due to this. They are already self reducing their base on a daily figure through restrictions. So if 10% of a day were people that can't wear masks, I'm sure they would easily be able to replace that. Especially Disney/Universal.
 
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rswashdc said:
Pushing out 10-20% of your customer base that you really need to be spending money at some point soon is bad for business, especially if they go down the street to a competitor and don't come back.
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I think your 10 to 20% estimate is absurdly high. Major [Citation Needed] there for me.

Even if the fraction of folks needing exceptions is anywhere near approaching what you're asserting, you are working from the assumption that those people with preexisting conditions that preclude mask use WANT to go to the park right now at all. Additionally, I believe the majority of those with disabilities who can't wear masks are rational people who wouldn't take issue with these restrictions as long as they aren't financially penalized by having their memberships continually charged or their unused tickets expire.
 
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warfelg said:
I'm with @Zachary in that Disney's (and frankly everywhere that's opening that's a major corporation) is looking at ADA laws and posting these restrictions knowing it's fully within their rights. IIRC from sports law classes that I took, there's exceptions for what's considered "Unreasonable requests" within the ADA. This is the clauses that would allow a coach to tell a player they can't play football due to having a prosthetic leg, or can't play baseball due to being in a wheelchair. And it does extend to daily life. I'd agree with @Zachary 's assessment that public health us going to be an exemption that allows companies to require masks when on their property. Especially given the nature of this pandemic, it could be considered an unreasonable request to ask to not comply with the rules.

As for losing some of their customer base? I think there's already impacts due to this. They are already self reducing their base on a daily figure through restrictions. So if 10% of a day were people that can't wear masks, I'm sure they would easily be able to replace that. Especially Disney/Universal.
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You are correct in that ADA requires only "reasonable accommodation", not rebuilding the entire park to accommodate a few disabled guests. Allowing guests that can't wear masks to walk around and ride outdoor rides where they can social distance is reasonable and aligns with the science showing most transmissions happening inside over extended periods of contact, not outside.
 
Zachary said:
I think your 10 to 20% estimate is absurdly high. Major [Citation Needed] there for me.

Even if the fraction of folks needing exceptions is anywhere near approaching what you're asserting, you are working from the assumption that those people with preexisting conditions that preclude mask use WANT to go to the park right now at all. Additionally, I believe the majority of those with disabilities who can't wear masks are rational people who wouldn't take issue with these restrictions as long as they aren't financially penalized by having their memberships continually charged or their unused tickets expire.
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I anecdotally believe that upwards of 50% of guests or more at most parks can't wear a mask all day properly without taking it off regularly or improperly wearing it. The 10-20% is based on those with disabilities (source: https://www.lung.org/about-us/mission-impact-and-history/our-impact) that will likely have issues wearing masks for part or all of the day just based on the disability.

All of these guests, not only the disabled ones, should have the option of deferring their memberships or getting refunds while such policies are in place.
 
rswashdc said:
All of these guests, not only the disabled ones, should have the option of deferring their memberships or getting refunds while such policies are in place.
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^ This! Eight hours on the road for just one, limited access, day. This instead of a three day weekend of unlimited access for the travel time involved? Likely no shows. Last minute choice to get on a coaster at will, gone. Meet up with friends? Very unlikely since most still won't go in. Wrap that up in spending the day with one's face encased whilst sucking in their own recirculated air in Williamsburg's 110 degree heat index days? Remind me where the relaxing and fun part is?

Yet, if they open, I can place a sure bet the monthly charges will begin again. Even though I still can't reap the "benefits" of going there. @rswashdc hit this directly on the head for us, and many around us. All guests should have the option of deferring their memberships or getting refunds while such policies are in place. Also, they are so passmember unfriendly, in my opinion, that new verbiage will appear in membership clauses to say they can keep charging you NO MATTER WHAT.
 
rswashdc said:
All of these guests, not only the disabled ones, should have the option of deferring their memberships or getting refunds while such policies are in place.
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BGW Family said:
All guests should have the option of deferring their memberships or getting refunds while such policies are in place.
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For the record, this is an area where I agree with @rswashdc 100%. The pre-herd-immunity/pre-vaccine, post-COVID park experience is not what anyone paid for. I 100% believe that anyone who is uncomfortable with the COVID restrictions and modifications such as mask requirements, required reservations, social distancing, etc. should be allowed to suspend their passes or memberships for the length of the park experience modifications or have their unused day tickets refunded.

If I had a severe respiratory condition or really any pre-existing condition that made it impossible to safely visit the park in the current environment I would be royally pissed if BGW wasn't willing to pause my membership until I could visit the park safely again.
 
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Curious to see how the park is going to handle folks showing up with the mask Jerry Falwell Jr. shared the other day.

And this one would certainly turn some heads. Heck, it might be even protected under the Civil Rights Act prohibition against discrimination based on sexual orientation...

www.rageon.com

Fetish Ball Gag Face Mask

.
www.rageon.com www.rageon.com
 
I64 Trekker said:
Well this will be interesting. I can see already see the arguments at the front gate now, with folks pointing to the dress code and saying they didn't wear a mask because the dress code specifically forbids it.
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The mask bit will be changed—and if the park forgets to, we'll remind them. ?
 
I keep thinking we're getting ahead of ourselves. I read where the FL theme parks had to develop a plan, present that plan to local government and once approved had to be submitted to the mayor and once it was approved at the local level it had to be submitted to Gov. De Santis for approval. That being said I don't see a problem with the board of supervisors or the county administrator. I see a whole lot of problems with Gov. Northam agreeing to an opening. I think that is where the "sticking point" is going to be. We can say anything we want but Northam is the person who will ultimately decide. Up to this point he has been slow to approve anything and he can and will extend any EO that he sees fit. I'm really beginning to think this season is lost sadly.
 
Nicole said:
I don’t think he has been “slow.” In fact, he moved into Phase One before NOVA was ready. Rather, I would characterize his approach as “careful” and ”data-driven.”
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Agreed that Virginia has been "careful". And it's a good thing data can't be molded to fit an agenda...

www.richmond.com

Death counts jump as state adds 'probable' COVID-19 deaths

A sudden surge in deaths from COVID-19 in Virginia this week wasn’t what it seemed.
www.richmond.com www.richmond.com

www.richmond.com

Criticism mounts as Virginia includes 15,000 antibody results in COVID-19 testing data

Virginia’s count of COVID-19 tests to date includes results from 15,000 as-yet unreliable antibody tests, skewing the state’s testing capacity and its outlook on the spread of the virus, albeit
www.richmond.com www.richmond.com
 
“[VDH] has been reporting all tests, regardless of the type of test, since the beginning of this health crisis. When I found out recently that data from all types of tests were being combined, I immediately directed that the diagnostic tests be separated out,” Northam said.

Northam became aware Monday that the numbers were conflated and has been pushing to separate data on the different types of tests, spokeswoman Alena Yarmosky said. Virginia will still report antibody tests, but starting Friday it will report different types of tests separately.
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Looks like evidence of a reasonable, responsible, data-driven approach from Northam to me.
 
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