Wade Clark Mulcahy LLP

At a time when Disney’s legal team is in the news for all the wrong reasons, the House of Mouse has won a victory against a couple who claimed they were improperly removed from the roll of the Mega-Exclusive private Disneyland social club, Club 33. Club 33 is a semi-secret, exclusive club for high-net-worth Disney adults. Located in Disneyland’s New Orleans Square behind an unassuming blue door lies a members-only dining room and lounge where the VIPs mingle and filming is prohibited. Membership in Club 33 is reported to come with a $50,000 initiation fee, along with a more than $15,000 annual fee per person. This is, of course, on top of regular admission to the famously expensive park.  Despite this cost, interested parties can wait more 15 years to get accepted into the lofty ranks.

Scott and Diana Anderson became members of Club 33 in 2012 after being on the waiting list for nine years. As reported by the LA Times, the couple had made the Club the center of their social life. They brought friends, acquaintances, and business associates. As a couple, they claim to have gone on the Haunted Mansion ride nearly 1,000 times.  The couple reportedly spent close to $125,000 annually on Disney outings.  It is no surprise then, that when Scott and Diana Anderson were unceremoniously dropped from the ranks in 2017, the couple attempted to rejoin the ranks by any means necessary.

This expulsion occurred after Scott  was found one night outside California Adventure slurring, having difficulty standing, and smelling of alcohol. This was not this the first time that the couple had run afoul of Club 33. In August 2016, the couple were temporarily suspended when Diana caused a disruption in the Club 33 restaurant, shouting and using profanity. The couple were alerted in writing at that time that “if another infraction of the Club 33 Rules/Guidelines occurs, the Club 33 Membership will be subject to termination.” Accordingly, when Scott was found, apparently intoxicated, their membership was promptly revoked.

After Disney refused to allow the couple to rejoin the ranks of Club 33, the couple brought a lawsuit in December 2017 in the Superior Court of Orange County, captioned Carlton Enterprises, Inc. v. Walt Disney Parks & Resorts U.S., Inc. The couple claimed that Scott was not intoxicated, and was instead suffering from the symptoms of a vestibular migraine.  This condition can be triggered by red wine – one of the 3 drinks Scott admits to having that day.  The couple argued that their expulsion amounted to discrimination for Scott’s medical condition.  In their complaint, the couple demanded reimbursement for unused membership time in 2017, along with $231,000 – the equivalent of seven years in the club.

Disney responded, and cited the Club 33 Guidelines:

• “Club 33 Membership is a privilege and not a right; therefore, immediate termination may be deemed as an appropriate step to resolve an issue after review of the matter by Club 33 Administration.

• There will be no refund of either the initiation fee or annual dues in the event of the termination of Club 33 Membership account.”  

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The Guidelines forbid members of Club 33 from public intoxication in Disney parks. The case made it before a jury last month, where Disney continued to state that the Andersons were expelled in accordance with the Club 33 Guidelines. The jury sided with Disney in the matter, rejecting the claim that the expulsion was improper.

After the verdict, Scott spoke with the LA Times. “My wife and I are both dead set that this is an absolute wrong, and we will fight this to the death. There is no way we’re letting this go.” The couple has spent $400,000 on the suit to date, but say that they will appeal the verdict. We understand Mickey could not be reached for comment.