The People V. Disneyland: How Lawsuits & Lawyers Transformed the Magic

On Disneyland's 60th Anniversary David Koenig's “The People V. Disneyland: How Lawsuits & Lawyers Transformed the Magic” was released to the public. Covering 1300 law suits over the past 60 years, “The People V. Disneyland” expands and amplifies incidents mentioned in Koenig's earlier works and adds material on incidents that happened since. Between ordering and receiving my copy of “The People V. Disneyland” I first dug up “Mouse Tales,” the 1994 classic that started it all. Chapter Nine, “Lawsuit Land,” covered a lot of cases. One case caught my attention: on page 204 there was the story of Ruth the 8000 pound mule injuring Betty Eldridge. When I read an expanded edition of it on Page 50 of the new book (and the citation of the case on page 221) I corresponded with the author because mules don't get that big. Eight hundred pounds was more likely. David Koenig agreed about mule size, but that's what the court documents said—the plaintiff still won $41,084.03 during 1972 for being thrown off the mule and stomped on. This minor thing was only notable because it was repeated twenty years later. If there's a second edition...will it go with the court documents or add a disclaimer that mules are generally between 800 and 1200 pounds? There's already a disclaimer in “The People V. Disneyland.” On Page 93 “the What Ride” lists a few of the court cases where the plaintiff got the name of the attraction wrong. Other than a couple of typos, I enjoyed the roller coaster ride of suits and counter-suits. Real court room procedures are so dull and boring. Want entertainment? Watch grass grow! Koenig sifted through court records and some other primary sources—and interviewed many of the participants in the events. David Koenig is an excellent story-teller. His accounts of those events was lively. Uncle Walt's Imagineers didn't repeal the law of gravity, and the second chapter is “Slips, Trips & Bumps.” “Rides Gone Wrong” includes an updated “Lawsuits Magnets” on page 71—the most frequently sued Disneyland attractions (see “Suiting Up” on page 201 in “Mouse Tales”). I paid close attention to this chapter and to Chapter Six, “Security Alarms” because I work as a security guard. When Disneyland gets sued, everybody changes! The most common workplace injuries are from falls—and OSHA obsesses over slip, trip and fall hazards. I have to agree with Koenig—the illusion of safety can ruin wonder. As for the security chapter, sometimes security can't do anything right. “Control” is an illusion—and power can be abused. “More Mouse Tales” broke the story of the 1986 Civil Recovery Act (still law in California) and on page 182 in “The People V. Disneyland” Koenig described how this law became a cash cow—until Disneyland got a black eye. Many of the lawsuits stemmed from Board of Directors decisions—such as the Columbia incident that begins on Page 117. When new corporate leadership took over in Burbank (and saved the Disney Company and Disneyland from being dismembered, to be closed or to become just another amusement park with frequent breakdowns) they cut back on staffing, culling the work force of the most experienced (and expensive) workers, and slashed maintenance because “prevention is an unnecessary luxury.” As Koenig pointed out, the corporate leadership overlooked that “breakdowns don't just inconvenience guests; they sometimes hurt them.” Or kill them. Truth is the first victim in Disneyland incidents. The legal doctrine is “if it wasn't documented, it didn't happen.” Prior to Disneyland, the Walt Disney Studios documented the life-cycle of lamps used in their multiplane camera—because it saved film. As incandescent lamps age, their color output changes from blue to red—affecting film negatives. Has documentation become another unnecessary luxury? In the park's early years, everything was business proprietary—partly to preserve the illusion that Disneyland was a safe place. David Koenig blew the lid off that code of silence with his 1994 “Mouse Tales” and Disneyland is far more open than before—but “The People V. Disneyland” documents instances where records were falsified or “lost” by Disneyland management. As Cutler Beckett said in “Pirates of the Caribbean: At World's End” “It's just good business.” And it gives “business” a bad name, too. I learned other things while reading “The People V. Disneyland” that had little to do with litigation. When the Haunted Mansion opened in 1969 the three hour line and crowding were unprecedented. Management and Labor will always be at odds because they regard each other as the Evil Empire. Strikes usually take place outside the court room—until the participants are ordered to appear in court or issued a restraining order. Strikes have been a feature of Disneyland since before opening—a plumbers' strike before opening day contributed to Black Sunday. Disneyland began as just a theme park with a parking lot—and now offers pet care, day care, three hotels, a down-town open-air mall for shopping, TWO theme parks, reservations and transportation services and other vacation frills. The more territory covered, the more turf to defend. But court isn't necessarily a bad thing. Old-school “justice” is to riot, loot and burn. Court is better even though Disneyland still has the “Home Court Advantage” (Chapter One) and only about one in thirty-eight plaintiffs has “beaten” Disneyland in court. “Beaten” is a subjective term—one plaintiff was awarded $32.50 in a 1961 case. “Who Wants to be a Millionaire” (Chapter Eight) has sound advice for those with legitimate grievances: first, if it's minor and it was your fault, count yourself lucky. Otherwise, prepare to win in court and prepare for a long campaign—years long. Prepare to be hounded, spied upon, and be prepared to spend hundreds of thousands of dollars bringing the case to court. Make certain to have all your ducks in a row and cross every “T,” dot every “I.” Eight thousand pound mules or getting the name of the accident location wrong can help Disneyland lawyers derail your case. Koenig quotes Attorney Wylie Aitken with this bit of advice: don't FIGHT the Mouse, PROTECT Disneyland. Deliver the message that you want to make the place safer for everyone—including Disney. And my two cents is keeping the public informed—public perception is going to be an important ally or deadly enemy in court. Get YOUR side of the story out in public—if it is a just cause, you'll win. When I took Disney tours I was informed that the Keys to the Kingdom were Safety, Courtesy, Show and Efficiency—and in that priority. Safety continues to be the number one court room issue. There are others. David Koenig lists three downsides to ADA, the law mandating “equal access” for handicapped people, on page 157. There is a fourth downside to ADA: compromises the Safety, Courtesy, Show and Efficiency for all guest and for the cast members. Ever dodge a speeding ESV? On Page 155 several ESV injury accidents are detailed. David Koenig's final words in “The People V. Disneyland” sums things up: “Certainly, today's Disneyland is safer, more cautious, and more diverse than Walt's wonderland of 1955. And what did it give up in return? It's sense of wonder.”

I was almost killed at Disneyland and while recuperating for a year, their lawyers said I jumped off the Mickey and Friends, over-packed, speeding tram at 1:30 am. Then they found a witness who said she saw me jump. The same woman that I grabbed on to her stroller to try and regain my balance as the tram was in motion. I had been at the park since 8 am with 7 other people in my family, including my young nieces and nephew. After 17 hours of lines and the kids we just wanted to end our lovely day and go home. I even bought 4 annual passes that day for myself and two other adults with me. I was an armed security guard with high ranking special detail. Disney stocked me at the firing range, trying to convince the owner I was dangerous and ruined my life! They wore me down and I dropped my case, which usually happens to most people in this book of unbelievable stories like mine. Unfortunately, I found out by reading this book that Disney was already retrofitting the trams with safety doors at the time due to seven other people falling off the way I did, on a fast turn, with a packed tram, where everyone leans on the corner. If you are a Disney fan like I was, YOU NEED TO READ THIS BOOK! Disneyland never takes precautions to make rides safe. They just get layers that are sharks and if you get hurt...you are screwed!!!

Here is a summary of the book: Walt Disney built an amazing park and it quickly gets ruined by dumb people trying to make a buck. Despite the book's cover, Disney does NOT look like the bad guy here, just a company trying to protect itself from a flood of frivolous lawsuits.Koenig did a great job of research and his list of court cases in the appendix appears exhaustive. The book is written in his typical fun style, which is critical for a book like this that could have been boring in someone else's hands. There are many interesting stories of people trying to sue the park for mostly silly reasons. It also covers Disney's sometimes over zealous prosecution of people too.Personally my favorite lawsuit was the person who was hit in the back by a bullet fired from outside the park. They sued claiming that Disney should have prevented bullets from entering the park somehow. I know that Disneyland is magical, but c'mon!Anyone interested in Disney or the history of theme parks will love this book.

Koenig provides excellent commentary on a multitude of legal cases from the park's inception to modern times that run the gamut from the hard-fought and complex to some hilarious frivolous litigation. It's more than lawsuits. In this he also details numerous management decisions gone completely wrong, particularly through the Disney dark years of the 90's. The story also follows the outcome of changes to state law and administrative rules that ultimately changed Disney theme parks. There is an undercurrent here as well. It wasn't just lawyers and lawsuits that changed the parks. The recurring theme has more to do with guests who forget real world danger can, and does exist when one decides not to keep hands and arms (and legs) inside the ride vehicle at all times and to stay seated and secured until the ride comes to a complete stop. Well done Mr. Koenig.

Unusual Gift for my son he loved it

Very interesting book about the law suits filed against Disneyland. A must read if you want to know what happens behind the scenes.His other books are also very good!