Mother sues Disney after her autistic son was barred from Lehigh Valley Mall store for not wearing a facemask

A Northampton mother is suing the Walt Disney Company after her autistic son was barred from entering the Disney Store at the Lehigh Valley Mall because he was not wearing a facemask.

The lawsuit says the 7-year-old boy, who is identified in the court filing only by his initials, is highly sensitive to touch, especially on his face, like many people diagnosed with autism spectrum disorder. For that reason, the lawsuit says, his mother decided after experimenting with different face coverings not to force him to wear a mask in public.

When Shea Emanuel took her sons to the Lehigh Valley Mall in Whitehall Township last month on a birthday outing for the boy’s younger brother, staff at the Disney Store would not allow them to enter because he was not wearing a mask. Emanuel explained to the store manager that her son is autistic which prevents him from wearing a face covering, but the manager refused to allow the boy into the store, the lawsuit claims.

The experience was humiliating for Emanual and her sons because they were turned away in front of about a dozen other patrons waiting to enter the store. Her elder son, “was especially distraught since he was unable to fully comprehend why he was not allowed to enter the Whitehall Disney Store,” the suit says.

The Walt Disney Company did not immediately respond to an email Wednesday.

Pennsylvania Health Secretary Dr. Rachel Levine issued a statewide order in July requiring masks in public places. The order contained an express exception, however, for people with medical conditions that prevent them from wearing a mask including mental health conditions or disabilities. There is no requirement to provide proof of a medical condition.

Emanual’s lawsuit, filed Tuesday in U.S. District Court in Allentown, alleges a violation of the Americans with Disabilities Act because the Disney Store’s policy of denying entry to people without masks tends to screen out people with disabilities that prevent them from wearing one. Under the ADA, a store is considered a public accommodation that must be accessible to those with disabilities, the suit says.

The company was not legally required to enforce the state’s face covering order because the boy was exempt and it could have permitted him inside because the store was limiting the number of customers, reducing the chance he would interact with others.

The suit says child psychiatrist Robyn Thom noted the difficulty some people with autism spectrum disorder experience with masks in an article Harvard Medical School.

The sensations of rough fabric against the skin and tug of elastic on the ears combined with the warm, damp smell of recycled air make wearing a mask a source of concern and worry for people with autism, she said.

“While wearing a mask is uncomfortable at best, these unpleasant sensory experiences can be intensely magnified in people with ASD,” Thom wrote.

The lawsuit seeks a court order barring the Disney Company from enforcing its mask policy against people with disabilities covered by the ADA and attorney fees.

Morning Call reporter Peter Hall can be reached at 610-820-6581 or peter.hall@mcall.com.

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