Disney Fires Back at Passholder’s ‘Predatory Business Practice’ Lawsuit

Annual Passholders lawsuit

Not Long ago we reported that a pair of Walt Disney World Annual Passholders were suing Disney for breach of contract. Initially the pair wanted to remain anonymous but a judge rules that the suit would be thrown out if they didn’t reveal their identities. They have since been identified as Palm Beach County resident Erica Kelly and Orange County resident Marilyn Paone.

Related: Judge Threatens to Dismiss Lawsuit if Plantiffs Remain Anonymous 

This isn’t the first lawsuit Disney has faced over the new procedure. Disneyland Magic Keyholders have also filed similar suits. Disney isn’t takinf the suits lightly and recently decided to fight back, at least in regard to the Florida case. New devotion shows that Disney is seeking to dismiss the suit entirely.

Calendar Park Reservation System


They alleged in their suit that the reservation system violated the terms of the agreement they signed up for when they bought their Annual Pass. By purchasing a pass with no blackout dates, they claim, they are entitled to access to any of the four Disney World theme parks on any day they so choose. However, the Reservation System prevents this from being possible due to some days being totally booked up. They claim this is a predatory business practice.

In a recent court filing Disney had…a lot to say on the matter. “Changing the terms of their annual passes’ park access due to a pandemic, after expressly reserving the right to do so, is not plausible bad faith, injustice, or an unfair business practice,” Disney said in the motion.

Related: Recent Comments Reveal Park Pass Reservations Aren’t Going Away

Disney Enchantment

Credit: Disney

Disney has stated that they have no intention of getting rid of park reservations any time soon, stating that they are vital to their operations. However, they have recently relaxed the reservation procedures for Passholders. Soon (though no date has been given yet), Passholders will be able to visit any park they like after 2:00 pm with no reservation (except Magic Kingdom on Saturday and Sunday).

Related: Surprise! Disney Has Good News for Annual Passholders 

In the motion Disney also stated, “Kelly and Paone omitted from their complaint everything that Walt Disney Parks and Resorts did for annual passholders during the transition to the reservation system — including, most notably, giving every passholder the chance to opt-out and be refunded.” The matter will be reviewed by a judge who will then decide if Disney has presented enough evidence to throw the lawsuit out or if it deserves to go to trial.

Disney has declined to comment on the motion at this time. This is an ongoing story. Stay tuned right here at Disney Dining where we will bring you any updates as they happen.


About Jill Bivins

Jill Bivins has been visiting Disney Parks since she was 2 years old and loves sharing her Disney adventures with the world. She likes to say Disney is in her blood and writing is in her bones — so any time she has the opportunity to combine these loves she is one happy camper! She has a deep abiding love for Epcot and as a die hard Star Wars fan has a serious love for Hollywood Studios as well. When she isn't exploring or writing about Disney Parks, Jill is homeschooling her 8 year old son, playing with her brand new baby son, or pretending to be a farmer on her family homestead (despite being unable to keep even a cactus alive). Find Jill on Instagram @minnieonmain.