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Disneylanding
02-08-2010, 10:11 PM
Forgive me if this is a 'petty' topic to be brought up but I have no one else to vent to.
I don't normally 'taddle' to City Hall but this today just 'irked' me that I think for the first time I *want* to say something. I just wanted to get an input if I should/could report to City Hall or it wouldn't be worth it...
My husband and I arrived at the park today about 8:35 AM with our kids. We were driving toward Pinocchio and were directed down the last isle. We we turning in and the Cast Member directed us that we were going to be the last car in the row. Both me and my husbands windows were rolled down. As we were turning IN to our spot to PARK my husbands phone goes off and he answers it. We by this time were already parked when he picks up the phone and parked in our space. My husband got the first part of the conversation that my mom had said, 'Her dad is in the hospital in ICU' until we hear 'THIS IS A HANDS FREE STATE. CALIFORNIA IS A HANDS FREE STATE IT IS ILLEGAL TO USE YOUR PHONE WHILE IN A VEHICLE'. I turn at like 'what is that'? She was shouting, not talking loud... purley shouting. It's the cast member yelling at me and my husband!! I look at her and make eye contact with her knowing I didn't think she was talking to us because our car had already stopped. Yes the ignition was still on, my husband hadn't gotten around to turning it off yet, he was trying to listen between my mom hysterically crying trying to understand what my mom was saying after 'her dad is in the ICU', after I made eye contact with her, she WALKS UP to the car window and says it again!! 'California is a hands free state, it is illegal to use you phone in a vehicle'. Then turns around and walks away. I was in SHOCK! I just looked at my husband, in total shock. I was wondering why this woman was spending so much time with us in our parked car correcting us on CA legal lissues that I believe didn't apply to us that moment since our car was way past parked. I think the thing that annoyed me was this was a important call. I just got called and had been told my dad was in ICU and this woman OBNOXIOUSLY yelled toward our window and walked up to the window while my husband was talking to my mom totally interupting our phone conversation. Granted the CM didn't know the nature of the call, however, I believe one 'warning' would have been appropriate, although I don't believe nessasery since we were already parked.
So my question is, am I being to petty or should I say something? The only problem is I don't have her name I have what time she worked and what she looks like in detail, would that help?

ellemoon
02-08-2010, 10:32 PM
I am not sure as to what the requirements are for filing a complaint about a cast member, but I will tell you that I agree- how rude!

I'm assuming since you guys are from simi valley that you have california plates on your car. that should have been the first clue that you guys are well aware of the cell phone laws and answered the phone knowingly.

second, there is never a reason for a CM to shout, ever, unless its 'HELP' in my opinion. whether she thought you had your windows rolled up or that yelling would get the point across more, I don't think it was right. it would've taken the same ammount of time to say politely, 'excuse me and I'm sorry to interrupt, but I wanted to make sure you were aware that in california talking on the phone is illegal until the car is parked/off/such. thank you for understanding.'

I don't think you're being petty, but I'm not sure how far a co.plaint about this could get. hopefully another mp member can let us know about that. until then, I'm sorry you had yto go through this! and at the beginning of your trip, too!

potzbie
02-08-2010, 10:41 PM
I am not a lawyer.

But, for most Vehicle Code laws, the law applies only to vehicles on public roads, and does not apply to parking lots on private (here, Disney-owned) property.

*****

On the other hand, you should thank the Cast Member for pointing out your violation and saving you $200-$300 in fines, should you do that again in a less-opportune location and hour.
I bet the cast member did not see anyone pick up anything, and just saw: (a.) a driver; (b.) in a moving vehicle; (c.) with a cell phone held to his ear.

So you tell me:
If you were to see:
(a.) a driver
(b.) in a moving vehicle
(c.) with a cell phone held to his ear;
... then what conclusion would you draw?

And what if you saw that hundreds of times?
How would you react at the 200th or 300th time you saw this?

When you see something illegal, do you speak up, or do you keep quiet?
When you see something dangerous, do you speak up, or do you wimp out?

And, to repeat, the Cast Member saw something both (a.) illegal; (b.) dangerous.

And yet you think people who see illegal things and dangerous things should allow the dangerous, illegal act to continue?

I doubt the Disneyland management teaches their employees, "When you see something dangerous, walk away, and don't get involved."
I doubt the Disneyland management teaches their employees, "When you see something illegal, smile, and say nothing."

They (management and the employee) would be derelict in their duties if they ignored the illegal actions and dangerous actions of the guests and visitors on the property of Disney.
They are legally liable for YOUR dangerous actions, if the say nothing or do nothing.

Think -- tomorrow, when a driver on Disneyland property crashes his car into a person or into another car, and the driver was on a cell phone, will the hurt person sue Disneyland for not doing anything, not saying anything?

Yes, they will.

So the Cast Member was DOING HIS JOB.
He/She was trying to make Disneyland safe.

mechurchlady
02-09-2010, 03:42 AM
Potzbie there is a right way and a wrong way to do one's job. Screaming at people is not Disney like and could startle a driver. I will wait for the experts to post what the laws are that apply to talking on a cell phone in a parked car.

Definitely report the incident and remember that the cast member did not know it was an emergency. Her lack of knowledge of the importance of the phone call does not excuse her behavior. I hope your dad is feeling better.

Disneylanding
02-09-2010, 04:03 AM
ElleMoon-Thanks. I think that was not all not the best way to start the begining of the day. We ended up just finishing up the conversation then going home. Not all cause the CM but the 'poor guy, we can't have fun knowing he's in ICU', you know? It definatly wasen't a right time. We didn't mind though.

potzbie-
(a.) a driver
(b.) in a PARKED vehicle
(c.) with a cell phone held to his ear AFTER he put the car in park. He did not put the phone to his ear until AFTER he had stopped the car.

We are from CA and both have lived here for 26 years.We were fully aware of the new law. We were driving with our 5 children in the car as well so we are extra cautious. And above all we are very aware of the dangers in places such as a parking lot with tiny children, (not paying attention, running, falling, walking infront of the car while it's being parked). So he was sure to have had the car stopped, THEN set the phone to his ear.

I understand if we doing something illegal for her to say something, but we were not doing anything in the wrong by just sitting in the lot talking on our phone. The car had been stopped, with the break on. THEN the phone was brought to his ear... so I am confused please tell me where the illegal part comes in....

Disneylanding
02-09-2010, 04:14 AM
mechurchlady - It was very starling to hear! I kept looking around like,'what is that, who is she talking to? And to find out it was a Cast Member I was speechless. It totally was out of character.

Thank you, thank you for the 'get better' wishes for my Dad. Thank you.

AZCardsGirl
02-09-2010, 06:54 AM
First off I hope your Dad is better and recovers fully.

Did you think of contacting Disneyland to find out if they have some sort of a policy on this? That's what I would do.

I think this is going to be more and more of an issue in CA and the country. My own sister seems to think this law does not apply to her. She called me the other day to tell me that while she was driving around town talking on her cell phone the man in the car next to her motioned to her to roll down her window. Which she did because she thought maybe there was a problem with her car. He then just lit into her telling her to get off the phone! etc, etc.

I was glad he did. There's a law and she keeps breaking it.

I can tell you when I drive I keep my phone in my purse. And my purse is on the floor. If it rings I don't answer it. Whoever is calling can leave a message. And in my state there are no laws on talking while driving. It's a simple safety issue. If the phone is nearby people are tempted to answer it.

Anyway, good luck. I don't think the CM should have been rude no matter what the circumstances were. Some people feel they have a little power and go nuts.

DizneyMommy
02-09-2010, 07:05 AM
I would have hunted her down, got her name, and got on the phone with DL immediately. Not being there, but based on your account of the situation, I would have been floored by how rude that was and would absolutely have reported her.
Disney does not in any way condone CM's being rude, and quite frankly that CM is not a cop and it is not her place to advise you of the law, which you weren't even breaking to begin with. It is not a Disney policy, it is a CA state law which does not even apply on private property anyways.

I'm sorry, but I have no patience for rude CM's, at Disneyland or any theme park for that matter. If you don't like dealing with the public, and can't do so tactfully, then you are in the WRONG line of work.

mousecanuck
02-09-2010, 07:14 AM
I would put in a complaint based on the 'yelling' thing - not called for at all. Nature of the call is irrelevent; as long as you were parked you did no wrong and again, it's the yelling thing that would have been the issue for me.

Jan 1 saw the cel phone ban while driving come into place in our province. You can use blue tooth but that's it - any use by hands, be it answering, holding, or texting - is illegal and gets you a $167 fine. But people are stubborn and ignorant. My girlfriend - 'I just want to see who it is' - okay, pull over and then look. Nothing is SOOO urgent that you don't have time to pull over; you can call them back right away if you're too late. But the rules don't apply, because I can multi-task, I'm a good driver, I am invincible...

And I've had enough of seeing the lids of a texting driver's eyes, downcast to read or text or dial...I almost got hit by someone who was riding the line because he was texting and couldn't steer back over to his lane (did so at the last minute).

But for the yelling, complain - you have date, time, location and description, that should be enough.

K & S
02-09-2010, 07:31 AM
Obviously you were not posing a safety threat, and it’s not a Disney Cast Member’s job to enforce California’s vehicle code. Perhaps this CM should apply for a job with her local police department. Please follow through and report her behavior.

I hope your father is doing okay.

adriennek
02-09-2010, 07:32 AM
But for the yelling, complain - you have date, time, location and description, that should be enough.

Yelling once was bad enough - you were pulled into a spot and "legal". Yelling the second time is harassing.

As mousecanuck said, you have enough to file a complaint and I think you should.

Adrienne

Tinkermommy
02-09-2010, 07:46 AM
any use by hands, be it answering, holding, or texting - is illegal and gets you a $167 fine.

Derail: while California does have a hands-free law, the first violation is only $20; $50 after that (unless you're cited for something else at the same time). And while the citation appears on your driving record, it's not counted as a violation point.

I think that might be part of the problem -- $20 isn't much of a deterrent for a lot of people.

Back on topic: What a crummy way to start the day all around! I hope your dad is okay!

The old man
02-09-2010, 07:49 AM
I am not a lawyer....

(Deleted to save space)

....So the Cast Member was DOING HIS JOB.
He/She was trying to make Disneyland safe.

No one loves to attack silly people and posters more than me, but you sure topped me. You've got to be kidding. I don't want to waste my typing fingers responding to each of your "points." Simply put--your response is just plain wrong--even if it wasn't an important call.

Malcon10t
02-09-2010, 07:51 AM
Derail: while California does have a hands-free law, the first violation is only $20; $50 after that (unless you're cited for something else at the same time). And while the citation appears on your driving record, it's not counted as a violation point.

I think that might be part of the problem -- $20 isn't much of a deterrent for a lot of people. Just to clarify, because people may think "Oh, its JUST $20..." That is the FINE. Now, lets talk COURT COSTS. Expect to pay between $129-$179 for that ticket. Our county is $159 once you tack on the court costs. (My brother just paid it.)

candles71
02-09-2010, 08:03 AM
Derail: while California does have a hands-free law, the first violation is only $20; $50 after that (unless you're cited for something else at the same time). And while the citation appears on your driving record, it's not counted as a violation point.

I think that might be part of the problem -- $20 isn't much of a deterrent for a lot of people.

Back on topic: What a crummy way to start the day all around! I hope your dad is okay!

I think it goes higher than that.
I was told, that where anyone under 18 can't even use a bluetooth (its in the law) or in anyway touch their phone while driving, there is not a provision for a fine written into the law. (Mal or MDM, maybe you can check that cause that seems silly to me).
I hope your dad is doing better, and i hope you file a complaint, there is NO excuse for rude CMs.

mechurchlady
02-09-2010, 08:09 AM
If this had been just a couple or a single person in a car then hunting down the CM, getting the info and best of all demanding to speak to a lead right there would be appropriate. When you have kids in the car then it is better to just leave or at least let things calm down. Grandpa is in the hospital and kids are not going to Disneyland is enough trauma let alone daddy running around dealing with a surly CM.


CMs do notify guests of state, federal, and local laws that are being broken such as smoking in a restaurant, asking to serve alcohol to a minor, and reminding guests to slow down in the parking lot. In this case the CM was not doing her job because her job is to make sure people park the cars in the right places and that cars drive slowly.

As for your father I again send him prayers and lots of prayers for your family. Let us know how dad is doing, I hope it is nothing major.

Malcon10t
02-09-2010, 08:20 AM
I think it goes higher than that.
I was told, that where anyone under 18 can't even use a bluetooth (its in the law) or in anyway touch their phone while driving, there is not a provision for a fine written into the law. (Mal or MDM, maybe you can check that cause that seems silly to me).
I hope your dad is doing better, and i hope you file a complaint, there is NO excuse for rude CMs.Same fine, but they can't be pulled over as a primary offense. If they pull the under 18yo over for speed, and they are talking on the bluetooth, then they can write them.

aznewsboy
02-09-2010, 10:05 AM
I'm assuming since you guys are from simi valley that you have california plates on your car. that should have been the first clue that you guys are well aware of the cell phone laws and answered the phone knowingly.




Don't the many tourists who rent cars get a car with a California plate? A tourist might not know that law. A CM would not assume every Cali plate is a resident. I would appreciate knowing this law since I don't live in CA but I would appreciate being told kindly.

K & S
02-09-2010, 10:24 AM
Don't the many tourists who rent cars get a car with a California plate? A tourist might not know that law. A CM would not assume every Cali plate is a resident. I would appreciate knowing this law since I don't live in CA but I would appreciate being told kindly.

I can't imagine it is within a CM's job description to inform guests of the California vehicle law in a confrontational manner, under any circumstances.

MammaSilva
02-09-2010, 10:57 AM
Actually if you rent a car in California the rental company will inform you of the hands free law, we just had family in from back east and he was laughing because the clerk was so serious about how SERIOUS the local law enforcement take the hands free law.

Tan Da Man
02-09-2010, 11:03 AM
CM was doing their job. The absolute #1 thing with Disney is safety. They have their values ranked..safety is #1, courtesy is #2. They tell us if we see something that is unsafe, and can endanger the guest or other guest that we need to enforce safety even if it means compromising courtesy. If it upset you that badly, go complain, but the CM was doing what they were trained to do.

cstephens
02-09-2010, 11:07 AM
CM was doing their job. The absolute #1 thing with Disney is safety. They have their values ranked..safety is #1, courtesy is #2. They tell us if we see something that is unsafe, and can endanger the guest or other guest that we need to enforce safety even if it means compromising courtesy.

I can see that in a case where someone is about to walk in front of a moving trolley or something - you dispense with the please in a polite tone and yell "get out of the way".

This was not one of those situations.

I don't think it's as a big of a deal as others (and I wouldn't personally lodge a complaint), but in this case, since the car was parked, there was no danger presented to the guest on the phone or other guests, so it was entirely possibly to inform the guest of the law in a courteous manner.

CariBelle
02-09-2010, 11:24 AM
CM was doing their job.

So answering your phone in a parked car is unsafe? CMs better prepare for a lot of yelling if that's the case.

Disneylanding
02-09-2010, 11:59 AM
CM was doing their job. The absolute #1 thing with Disney is safety. They have their values ranked..safety is #1, courtesy is #2. They tell us if we see something that is unsafe, and can endanger the guest or other guest that we need to enforce safety even if it means compromising courtesy. If it upset you that badly, go complain, but the CM was doing what they were trained to do.

I don't think it was very safe of her to be yelling at my husband while her job was supposed to be to direct traffic. She was to busy yelling at us instead of doing her job so I could totally see more of a accident happening if people driving weren't paying attention to following the way they had to drive and direct themselves because she was not directing them. Rather then an accident happening with a family in a parked car on a cell phone. And there was absolutly nothing courteous about the way she was telling us about the cell phone law.

I just called Orange County Police Department, for more info for cars on cell phones. Car on, parked car, car on private property is A-O-K. So this isn't a 'legal' issue.. more a 'CM attitude' issue.

Seriously, I really appreciate all the positive comments for my Daddy. Thank you guys. That really, really means alot. Thank you.

lauramaynot
02-09-2010, 01:06 PM
Maybe the CM breathed in too many car fumes :mad: seriously I would report it as well. I am sure they see lots of law breaking and deal with lots of people who don't listen to directions every day but that is no excuse, to be rude. Had she come over to your window and let you know nicely about the law, I wouldn't see a problem. Something like "Excuse me maam, but we here at Disneyland are very concerned with the safety of our guests. We would really appreciate it if you didn't speak on your phone while driving in the parking garage." would have been fine IMO and would have gotten the point across. If this is something that they are actively training the CM's to keep an eye out for they need signage that prohibits the use of cellphones while driving in the garage and a spiel on the tram asking that people refrain from using their cell phones while driving in the garage.

OP I am sorry about your dad and hope he gets better soon...