Class Action Says Six Flags Illegally Requires Guests with Disabilities to Register with Private Entity Ahead of Time

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A proposed class action alleges the apparent requirement that guests with disabilities register with a private, for-profit entity ahead of a visit to any Six Flags or Hurricane Harbor theme park nationwide is a violation of the federal Americans with Disabilities Act (ADA) and California law. 

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The 56-page lawsuit against Six Flags Entertainment Corp. and Magic Mountain LLC says that although federal and state laws grant those with disabilities the right to meaningfully access, enjoy and participate in the companies’ 24 theme parks and water parks in the United States, Six Flags nevertheless requires guests with disabilities to register for accommodations before their visits with the International Board of Credentialing and Continuing Education Standards (IBCCES). According to the complaint, IBCCES is not affiliated with any governmental agency or regulatory body and is a private, for-profit group tasked by Six Flags with granting accommodations to guests with disabilities. 

As part of the online registration process with IBCCES, the case says, a consumer must disclose at least 48 hours ahead of their park visit sensitive personal information and provide private medical documentation to support their accommodation request, a requirement that the suit contends violates the ADA and California’s Unruh Civil Rights Act and Disabled Persons Act. 

“Here, nondisabled guests visiting Defendants’ Amusement Parks may purchase their tickets for admission to Six Flags or Hurricane Harbor at, and upon arrival to, Defendants’ facilities, and they may then enter the Parks and enjoy all the benefits on offer, without any advance planning or participation,” the filing relays. “But because disabled persons must gather the necessary medical documentation and submit it with their application on the IBCCES website prior to their Park visit, persons with disabilities do not have that same luxury afforded to nondisabled persons.” 

The plaintiff, a pseudonymous United States Army veteran the lawsuit says has physical and mental impairments that “substantially limit several major life activities,” submitted an IBCCES application, obtained an “individual accessibility card” (IAC) and visited one or more Six Flags facilities in California more than once during the 2022-2023 season, the complaint states. The suit charges that the plaintiff, like proposed class members, was “denied full and equal access” to the parks as a result of Six Flags’ Attraction Access Program. 

“Similar denials of full and equal access to Defendants’ services have been faced around the country by members of the putative class,” the case insists. “Defendants require all disabled park guests to use the unlawful IBCCES system to request accommodations at Defendants’ amusement parks.” 

According to the lawsuit, Six Flags’ decision to implement its Attraction Access Program at each of its amusement parks in 2020 was “based purely on financial considerations” and is “far more burdensome, restrictive, and, ultimately, discriminatory than other disability access programs” in place at other major amusement parks. The filing contends that Six Flag employees, as “demonstrated with their interactions with Plaintiff,” are “not properly trained regarding civil rights, communication needs, privacy considerations, or how to interact with disabled individuals.” 

The lawsuit looks for the court to require Six Flags to “take all steps necessary to bring their disabilities accommodations request process into full compliance” with ADA regulations; to better train park employees as to the civil rights, communication needs and privacy considerations of individuals with disabilities; and to allow the plaintiffs’ representatives to monitor Six Flags’ facilities to ensure these measures have been implemented and will remain in place. 

The suit looks to represent all persons in the United States with an ADA-qualifying disability who, within the applicable statute of limitations period, submitted an IBCCES application for accommodations in connection with a planned visit to any of Six Flags’ amusement parks and/or water parks nationwide.

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