3 Gays, Disneyland Settle Discrimination Suit

Three gay men who sued Disneyland over the right to slow-dance with one another have dropped their lawsuit in exchange for a pledge by the amusement park not to discriminate based on sexual orientation.

In February, 1988, Eric Hubert, Christopher Drake and Jeffrey Stabile Jr., who were UCLA students at the time, sued Disneyland, claiming their civil rights were violated in late 1987 when, they said, a security guard allegedly told them that “touch dancing is reserved for heterosexual couples only.”

The men dropped the lawsuit earlier this month, shortly before the case was to have gone to trial in Orange County Superior Court. Leroy S. Walker, the Los Angeles attorney representing the men, declined to comment beyond a one-paragraph statement saying: “Disneyland reaffirms that its written policy prohibits discrimination based upon sexual orientation. The lawsuit has been dismissed by the plaintiffs.”

Disneyland spokesman Bob Roth said Disneyland has acknowledged the suit’s being dropped but had no other comment.

Second Such Suit

The men’s suit was the second against the park over the issue of homosexual dancing. Andrew Exler of Palm Springs sued Disneyland in 1980, when the park banned all homosexual dancing, after security guards had stopped him as he was fast-dancing with a male partner. A four-year court battle ensued. Finally, in May, 1984, a Superior Court judge ruled that the guards’ action violated the men’s civil rights. Disneyland subsequently lifted its ban on same-sex fast dancing. Disneyland eventually reached a settlement with Exler in which the park paid his $25,000 in legal costs.

Exler said the settlement of the latest suit shows that Disneyland recognizes that the action of its security guards was discriminatory.

“I’m surprised that it took nearly 10 years for the Happiest Place on Earth to admit that they must operate under the civil rights laws just like any other business,” Exler said.

Exler said he went dancing at Disneyland earlier this month with a group of about 15 homosexual men and women and that they were permitted to dance with one another during fast and slow songs.

“The final chapter has been closed on this issue,” he said.