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US

Disneyland accused of putting image ahead of accountability to

January 28, 1999
Web posted at: 8:08 PM EST (0108 GMT)

ANAHEIM, California (AP) -- When a Disneyland visitor was fatally injured by a flying piece of metal last month, the folks at the self-proclaimed "Happiest Place on Earth" had the blood and debris cleaned up within a half-hour, before investigators could get a look at the scene.

Legally, Disneyland did nothing wrong. But to some, the quick cleanup illustrates a corporate arrogance and an extreme desire to preserve the Disneyland illusion of innocence, even at the expense of accountability to its guests.

"It's greed. You couple the greed with the arrogance and there's no reason why they have to be responsible to anyone," said Henry Giroux, an education professor at Pennsylvania State University and author of "The Mouse That Roared: Disney and the End of Innocence," to be published by Roman & Littlefield in April.

John Luetto, an Orange County lawyer who claims to have filed the only successful lawsuit stemming from an injury at Disneyland since the park opened in 1955, said: "They're intent on assessing the situation themselves without outside authority. That's what's at play most often when you encounter Disneyland."

Last month's accident happened the day before Christmas, when the sailing ship Columbia was easing up to the dock and an 8-pound cleat -- a piece of metal used for tying down mooring ropes -- broke loose from the vessel. Luan Phi Dawson, 33, of Duvall, Wash., was fatally struck in the head. His wife and a Disneyland employee were injured.

Disneyland spokesman Ray Gomez said the mess was cleaned up quickly "because it was in a very visible location in the park. It could easily be seen from several viewpoints. It was Christmas Eve and there was a huge number of children in the area."

Gomez denied Disneyland neglects its responsibility to protect guests, saying "safety is part and parcel of our guests' having a good experience."

Disneyland guests, however, have no way of knowing how safe the rides are.

Nine people have died at the theme park, most of them apparently because of their own foolishness, such as trying to switch cars on a moving ride.

But Disney doesn't release comprehensive injury figures, and doesn't have to. While mobile amusement parks have been subject to state oversight since 1968, permanent ones were exempted at the request of the Walt Disney Co., according to the state.

Luetto's client was stabbed by a fellow Disneyland patron in 1981 and bled to death after being treated by an on-site nurse and driven to a hospital that had no trauma center. Disneyland workers didn't contact paramedics, Luetto said. An Orange County jury awarded the mother and brother of the slain man $600,000 in 1986.

In last month's accident, Disneyland immediately contacted paramedics via a special, direct line but did not call police. Police learned of the accident from the paramedics and got there 40 minutes after it happened.

Bret Colson, an Anaheim city spokesman, said that while police have no reason to believe any crime was committed in the accident, detectives would prefer to examine a scene themselves instead of letting Disneyland authorities make that determination for them.

"We're attempting to make sure that there's not a repeat," he said.

Similarly, the California Occupational Safety & Health Administration, which is investigating because an employee was injured, would prefer that an accident scene not be disturbed, spokesman Dean Fryer said. But there is no such requirement under the law, he said.

Cal-OSHA investigators are looking into whether Disneyland was improperly stopping the ship with a cleat -- which state officials say is only for mooring, not stopping -- and whether the employee docking the ship had been properly trained.

Michael T. Berry, Disneyland's new operations chief, told the Los Angeles Times that dockworkers are no longer allowed to stop the Columbia with a rope and cleat. Details on the new Columbia operating procedure were not immediately available.

Disney has agreed to contact police on all major accidents in the future. But it admitted no wrongdoing in its handling of the accident.

If the dead man's wife sues, she apparently will have to do so in Orange County, where attorneys contend jurors are sympathetic to Disney because the park, with a workforce of about 12,500, employs so much of the community.

Disneyland tickets carry a warning on the back that all ticket holders are agreeing to litigate any claims for injury or loss in Orange County.

Colson denied suggestions by some Disney critics that Anaheim police hold Disneyland to a different standard than other businesses, and he called Disneyland an "excellent corporate citizen."

He also said having former Disneyland employees on the police force, including the chief and a captain, is a benefit for the public because it gives officers inside knowledge of the park.

As for releasing Disneyland's injury statistics, Gomez said Disney is not convinced that would be helpful to the 14 million visitors to Disneyland every year.

Disneyland's Florida counterpart, Walt Disney World, has been the target of similar criticism. It is one of three Florida amusement parks exempted from state oversight. According to Florida's inspector, however, those three big parks have higher safety standards than the state's.

Some Disneyland visitors on a recent afternoon said they'd like to see more oversight and know more about ride safety records.

"Look at how many thousands of people come here a day," said Michelle Kinsley, a 32-year-old mother from Alhambra who was eating lunch in front of the closed dock.

Copyright 1999 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.



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