#but also hot damn those arbitration terms in ToS are such horseshit

[thedinoknowsall]

Ok, I did just watch the Legal Eagle vid on this and it’s a liiiittle more complicated than that. (Note: this is not me defending the Disney lawyers actions here, I still think that the argument that the widow of someone being forced into arbitration because he signed up for two unrelated services years before is FUCKED especially since he’s suing on behalf of the deceased’s estate, ANYWAY)

1. The restaurant is not owned or operated by Disney, Disney are the landlords (the pub in question is near but not in the park and it is not run by Disney staff). The way that the widow and the estate are claiming that Disney has any part in this debacle (because, again, Disney is only the landlord of this restaurant) is because Disney does have a representation of the restaurant’s menu on their website. The couple allegedly checked the menu there on the Disney website before going to the restaurant, and then triple checked that their food was allergen free with the restaurant staff.

2. Disney is not trying to claim that they can “kill anyone if they have used Disney +”, HOLY FUCK that’s a major mischaracterization. You are not immune to propaganda Garfield meme or whatever.

What Disney was trying to argue (and again, I don’t agree with their argument, I think it’s ghoulish) is that the widow should be forced into arbitration, which is outside governmental court proceedings. The widow could get the same money (or more) in an arbitration settlement, but the public would never know about it because that’s one of the deals with arbitration. And also that allows Disney to deal with this quietly.

Now, Devin Legal Eagle claims that arbitration may be a bit unfairly maligned. Personally, I agree more with the comments in the video that point out that the capitalistic arbitration system (where arbitrators are hired by companies) is proooobably gonna, idk, be a little biased towards the massive company involved so the arbitrators get hired by them again? Just saying?

HOWEVER, I mentioned two unrelated services earlier; allegedly the widow signed up for Disney+ in 2019 which has the typical bs Terms and Service check that includes a “by the way you HAVE to arbitrate any issue with any part of the Disney company, ever and forever” clause buried in it. He then bought Epcot tickets with the same account in 2023 (I think that’s the date) which requires the same bs Terms and Service click. So yes, technically, allegedly, he reaffirmed that he would arbitrate disputes with ANY PART of the Disney Company.

BUT, again, he’s operating on behalf of the deceased’s estate, and to my knowledge there’s no evidence that she did any signing of any waivers.

3. As a side note, from my memory of their order, the stuff they got should have been super easy to make dairy and nut free? Jesus Christ this restaurant was incompetent.

So! Sick meme or whatever, comrade, but damn is it a fearmongering mess.

TL;DR: Disney does suck, but not quite as bad as this meme implies.

Legal Eagle vid link is under the read more, if you want to watch it yourself.