An Arizona couple who were once members of Disney’s Club 33 have lost their lawsuit against Disney to regain their membership.
Couple Loses Lawsuit to Regain Club 33 Membership
According to the Los Angeles Times, Disney revoked the Club 33 memberships of Scott and Diana Anderson in 2017 after Scott was found drunk in public, which is against the club’s rules.
Diana has been a big Disney fan since she was a kid. After over a decade of trying to become members, the Andersons joined Club 33 in 2012.
“They finally became part of this special place,” their attorney, Sean Macias, told jurors in a civil trial. “That was their spot. That was their happy place, their home.”
Disney’s private club includes access to exclusive lounges, special events, and other opportunities. Scott and Diana say they visited the Disneyland Resort 60 to 80 times a year. They have ridden The Haunted Mansion almost 1,000 times. They brought friends, acquaintances, and business associates to the private Club 33 lounge.
The club’s yearly dues were $31,500 at the time. With travel and hotel expenses, the Andersons were spending around $125,000 annually to visit Disneyland.
On September 3, 2017, at about 9:50 p.m., security guards found Scott near the Disney California Adventure entrance displaying signs of intoxication, including slurred speech and trouble standing.
“His breath smelled of alcohol quite a lot,” one guard said in court.
According to Macias, Scott only had two to three drinks and Disney did not do an adequate job of testing his intoxication. There are no videos of his behavior that night, and Disney did not use a Breathalyzer or perform blood tests to prove Scott was intoxicated.
Macias argued that Scott’s symptoms were due to a vestibular migraine, which causes dizziness. Such a medical issue can be triggered by red wine, which Scott consumed that day.
A medical expert testified for the Andersons that a vestibular migraine could be confused with intoxication. On the other hand, a neurologist testified for Disney that his behavior was more likely due to drinking.
The Andersons had almost lost their Club 33 membership once before the 2017 incident. In 2016, Diana was briefly suspended for “using some salty language … a couple F-words,” Macias said.
Diana said being kicked out of Club 33 was “a stab in the heart.”
Disney attorney Jonathan E. Phillips said, “They did not want to pay the consequences of failing to follow the rules” and that Scott “cost his wife of 40 years her lifetime dream of having access to Club 33.”
Phillips also added that the security guards, who no longer work for Disney, were credible sources. He said, “What possible reason did the security guards have to lie to you?”
In their original suit, the Andersons claimed Club 33 retaliated against them because they had complained about another member harassing guests and staff.
Macias told jurors that the Andersons filed the suit to protect their reputation.
“He doesn’t want to be known as a drunk,” Macias said of Scott. “They love that place. They took the fight to Disney because it’s his name.”
The Andersons asked to have their membership reinstated and be reimbursed $10,500 for the unused four months of their 2017 membership. They also asked for $231,000, which is equal to about seven years of club membership.
An Orange County jury rejected the Andersons’ claims in a Tuesday decision.
“My wife and I are both dead set that this is an absolute wrong, and we will fight this to the death,” Scott told the LA Times. “There is no way we’re letting this go.”
Scott, who owns an Arizona golf course, said he has spent about $400,000 fighting Disney’s decision. “My retirement is set back five years. I’m paying through the nose. Every day, I’m seeing another bill, and I’m about to keel over.”
The Andersons said they will appeal. Diana said, “I’ll sell a kidney. I don’t care.”
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