An Arizona couple that spent $400,000 suing Disney to keep their membership to the exclusive Club 33 has lost their legal battle.
Scott and Diana Anderson, both 60, were kicked out of the elite club in 2017 over an allegation that Scott was drunk in public, according to the Los Angeles Times.
The couple had saved up for 20 years to afford the organization’s lofty fees and were on the waitlist for a decade when they got an invitation to join in 2012, so they were determined to fight for their place in the club.
‘He doesn’t want to be known as a drunk,’ the Andersons attorney Sean Macias Macias told a California jury. ‘They love that place. They took the fight to Disney because it’s his name.’
However, an Orange County jury determined on September 3 that Disney did not kick them out improperly.
Club 33 is tucked away in plain sight in the middle of Disneyland’s New Orleans Square.
Those who are fortunate enough to be invited to join pay thousands of dollars for the privilege and get access to countless perks, fine dining and a lounge where they can mingle with like-minded wealthy Disney enthusiasts.
The Andersons were determined to join the ritzy organization and make Diana’s dream come true.
‘It’s like four times as much money as we thought it was going to be, and it was like “okay great,” but you know, this is our world at this point,’ Scott told 12 News.
‘$10,000 back when we first joined. Today, that membership is $32,000.’
Once they finally made it into the exclusive organization, the couple would spend nearly $125,000 a year traveling from Arizona to the Anaheim amusement park.
On September 3, 2017, security guards said they found Scott near the entrance of California Adventure displaying signs of intoxication.
As a result, Club 33 kicked them out and the Andersons sued claiming Scott was not drunk but experiencing a vestibular migraine.
Macias said Disney did an incomplete investigation, with no Breathalyzer or blood tests, and had a medical expert testify Scott’s symptoms were triggered by sips of red wine.
‘I wasn’t found to be drunk in the park. I had a vestibular migraine in the park, which was horrific,’ Scott said. ‘I had two beers and a half a glass of wine.’
Disney’s lawyer, Jonathan E. Phillips, told jurors that Club 33 membership guidelines forbid public intoxication.
‘They did not want to pay the consequences of failing to follow the rules,’ Phillips said. ‘[Scott’s conduct] cost his wife of 40 years her lifetime dream of having access to Club 33.’
The Andersons said they spent $400,000 on the lawsuit and believe Disney kicked them out as an act of retaliation for previously complaining about another member.
They sought to be reinstated to Club 33, a $10,500 reimbursement for four months of unused membership in 2017 and wanted $231,000 – the equivalent seven years in the club.
According to a notice sent to the couple obtained by 12 News, in 2016 Diana had received a warning that if they had an other infraction their membership would be revoked.
Macias said the first warning was for ‘using some salty language… a couple F-words.’
‘My wife and I are both dead set that this is an absolute wrong, and we will fight this to the death,’ Scott told The Times. ‘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.’
Diana said she will keep fighting and will appeal the jury decision, ‘I’ll sell a kidney, I don’t care.’