Disney plans to add Disability Access Proposal to 2026 proxy after removing SEC exclusion request.

The Walt Disney Company decided not to exclude a shareholder proposal regarding disability accommodations from its 2026 proxy statement, as per an SEC filing submitted by Disney’s legal counsel, Wilmer Cutler Pickering Hale and Dorr LLP.

The proposal, put forth by shareholder Erik G. Paul, calls for an independent evaluation of Disney’s controversial alterations to its Disability Access Service (DAS) between 2024-2025, as well as board-level oversight concerning related risks to shareholder value.

Disney’s modifications to DAS eligibility have led to mounting operational, legal, and reputational difficulties, including:

– Ongoing litigation: An ongoing class-action lawsuit claiming discriminatory practices under the Americans with Disabilities Act.
– Prolonged negative press: Various prominent media outlets like USA Today, Associated Press, Los Angeles Times, Forbes, NBC News, and Business Insider have covered guest grievances.
– Safety issues: Recent incidents, such as a violent altercation at Disneyland resulting in a guest needing stitches, have brought attention to tensions associated with alternative line arrangements for disabled guests who are refused DAS accommodations, a scenario that can be misconstrued as cutting the line.
– Market implications: Disabled travelers and families constitute a significant portion of the 70+ million disabled adults in the U.S. who possess considerable discretionary travel spending.

The shareholder proposal does not enforce specific operational adjustments or the reinstatement of previous policies. Instead, it requests Disney to:

– Engage an independent expert to assess the repercussions of DAS alterations.
– Ensure oversight from the board regarding disability access risks.
– Provide transparency to shareholders regarding the evaluation outcomes.

Supporters of the proposal argue that Disney’s current handling of disability accommodations poses avoidable risks that may devalue shares due to legal liabilities, harm to reputation, and the alienation of a significant consumer demographic. The withdrawal of Disney’s request to exclude the proposal from the SEC means that shareholders will now get the chance to vote on whether the company should systematically address these concerns.

The proposal is set to feature in Disney’s 2026 proxy materials for shareholder deliberation during the annual meeting.