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A jury in Orange County, California, ruled Tuesday against two Disney superfans from Arizona who had reportedly spent around $400,000 in legal fees trying to get reinstated to the entertainment giant’s exclusive Club 33.
Scott and Diana Anderson had their membership terminated following an incident in September 2017 when Disney security guards said they found Scott Anderson by the entrance to the California Adventure theme park in Anaheim showing clear signs of intoxication. However, a lawyer for the Andersons insisted he was actually suffering from a vestibular migraine and was not intoxicated.
The Andersons were seeking reinstatement to Club 33 and a total of $241,500 in compensation to cover the four months in 2017 after their membership was suspended, along with the approximate cost of another seven years in the club. The couple have vowed to appeal, with Diana Anderson telling The Los Angeles Times that if necessary “I’ll sell a kidney—I don’t care.”
According to court testimony Disney employees came across Scott Anderson at around 9:50 p.m. on September 3, 2017. He was having trouble standing and slurring his speech. Speaking to the court in the civil case, one of the guards said: “His breath smelled of alcohol quite a lot.” In response both Andersons were expelled from Club 33, membership of which cost $25,000-$50,000 upfront, plus an annual fee of between $10,000 and $30,000.
However Sean Macias, the Andersons’ solicitor, insisted Disney did “not establish that Mr. Anderson was intoxicated,” noting there was no video footage of his alleged behavior nor breathalyzer or blood test results. Instead Macias, who admitted Scott Anderson had consumed two or three drinks, said his client was suffering from a vestibular migraine, which he said could have been triggered by drinking red wine.
Testifying in court one medical expert said the symptoms of a vestibular migraine could be mixed up with being drunk, but a Disney-hired neurologist said intoxication was the most likely explanation of Scott’s behavior.
Speaking in court Macias said the Andersons were trying to protect their reputation, commenting that Scott Anderson “doesn’t want to be known as a drunk.”
However, Disney attorney Jonathan E. Phillips noted Club 33 rules ban intoxication, commenting: “They did not want to pay the consequences of failing to follow the rules.” The attorney added Scott Anderson had “cost his wife of 40 years her lifetime dream of having access to Club 33.”
The Andersons had been spending $31,500 per year on their Club 33 membership, with combined annual Disney expenses approaching $125,000 once travel and hotel costs were included.
Speaking to the LA Times, Diana Anderson described the suspension as “a stab in the heart,” whilst Scott Anderson said he’d spent around $400,000 on legal fees trying to get it overturned. They plan to appeal Tuesday’s ruling in the case overseen by Superior Court Judge Deborah Servino.
Scott Anderson, who owns a golf course in Gilbert, Arizona, said: “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.
“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 claimed it took them over a decade to gain Club 33 membership, which has an infamously long waiting list, before they were expelled. Club 33 memberships get access to the 1901 Lounge at the Carthay Circle Restaurant at Disneyland in California, along with other perks.
Newsweek contacted Disney media relations and Sean Macias for comment via email on Thursday outside of regular office hours.
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In August Disney CEO Bob Iger denied he has plans to run for the United States presidency during an appearance on the Let’s Talk Off Camera with Kelly Ripa podcast.