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Lawsuit Takes Aim at Disney Park Over Alleged Safety Failings

A theme park rule dispute has become a legal headache for Disney.

Disney parks enforce extensive rules covering everything from prohibited items to guest behavior. Smoking is among the most tightly controlled, with designated areas varying depending on the resort and outright bans inside the theme parks at Disneyland Resort and Walt Disney World.

Guests enjoy a ride on Dumbo the Flying Elephant at Shanghai Disneyland
Credit: Jeremy Thompson, Flickr

Those policies are intended to keep smoking away from other guests. But problems can arise when visitors ignore them — particularly when another parkgoer decides to speak up.

That is exactly what happened earlier this year at Shanghai Disney Resort, where an argument over smoking ended with one guest being hospitalized. Months later, the incident has resulted in a lawsuit targeting Disney itself.

Disney Guest Sues After April Confrontation

The incident happened in April near an outdoor restaurant area in Disneytown, the shopping and dining district connected to Shanghai Disneyland.

A 24-year-old male guest approached another visitor, reportedly in his 30s, and asked him to stop smoking outside a designated smoking area.

Shanghai Disneyland, where Disney guests and cast members enjoy themselves.
Credit: Disney

According to City News Service, the smoker claimed that the younger guest had spoken to him in an “aggressive tone.” The situation quickly escalated into a physical attack that was captured on camera.

The victim was later taken to hospital with soft-tissue contusions.

Chinese media has identified the victim only by his surname, Zhang, and the other guest as Xu. Police became involved after the confrontation and ultimately handled the dispute through mediation.

Xu apologized to Zhang and agreed to pay him 10,000 yuan, approximately $1,487 USD, in compensation. Both parties then signed a formal mediation agreement.

Zhang, however, has since pursued a separate complaint against Shanghai Disneyland.

A family rides Fantasia Carousel at Shanghai Disneyland
Credit: Disney

His lawsuit focuses on the response from Disney employees during the confrontation. Zhang claims cast members failed to intervene as the situation escalated, despite one female cast member allegedly warning Xu not to smoke beforehand.

“They did nothing when the conflict happened, just stood by like tourists,” Zhang said. “I had to call the police myself.”

Zhang is asking Shanghai Disneyland to provide a written apology and cover his litigation costs.

He also claimed that Disney offered a different resolution before the case proceeded further.

During pre-litigation mediation, Zhang said Disney verbally apologized and offered him several “VIP cards.” These would reportedly have allowed him to select when he visited Shanghai Disneyland and receive priority access to popular rides and attractions.

Guests ride Soaring Over the Horizon at Shanghai Disneyland
Credit: Disney

He rejected the proposed settlement.

Smoking Has Already Been a Flashpoint at Shanghai Disneyland

Unlike Disneyland Resort and Walt Disney World, Shanghai Disneyland still has designated smoking areas inside the theme park.

Approved locations are spread around areas including Mickey Avenue, Adventure Isle, Treasure Cove, Fantasyland, and the Gardens of Imagination. Smoking is prohibited elsewhere.

Shanghai Disneyland states: “With the exception of designated smoking areas, the smoking of tobacco, e-cigarettes or other products that produce a vapor or smoke is not allowed in the Park. Please refer to the Shanghai Disney Resort Official App for designated smoking locations or ask a Cast Member for assistance.”

The resort had already faced issues involving guests smoking outside those areas before the April attack.

In March 2025, another confrontation reportedly erupted in Shanghai Disneyland’s security line after parents asked a guest to stop smoking around children.

Golden dragon statue in front of Enchanted Storybook Castle at night at Shanghai Disneyland
Credit: Disney

That disagreement also escalated, with pushing and shoving reported as tensions grew. Cast members acknowledged at the time that some visitors continued to smoke outside the resort’s designated areas.

Shanghai Disney Resort made changes to its smoking policy two months later.

In May 2025, it reduced the number of smoking areas across the resort and installed more than 2,800 “No Smoking” signs. Guests were also warned that serious violations could result in removal from the resort, police involvement, or bans.

It is unclear whether Xu received a ban following the April confrontation.

Smoking continues to cause complaints elsewhere in Disney’s global theme park portfolio. Disneyland Paris visitors have repeatedly reported seeing guests smoke and vape outside permitted areas.

Disney’s U.S. resorts have taken a different approach since 2019, when smoking areas were removed from inside both Disneyland and Walt Disney World theme parks.

disney world guests enjoy epcot's food and wine festival
Credit: Disney

Walt Disney World states: “Walt Disney World theme parks, water parks, the ESPN Wide World of Sports Complex and Disney Resort hotels are smoke-free environments except for designated smoking areas. Please note that smoking marijuana is not permitted at any time across Walt Disney World Resort, even in designated smoking areas.”

Disneyland Resort similarly states, “For the comfort of all Guests, the theme parks, the Esplanade between the parks and the Downtown Disney District are smoke free. The smoking of tobacco, e-cigarettes or other products that produce a vapor or smoke is allowed only in designated outdoor smoking areas. Guests may not smoke in Disney Resort hotel rooms, on patios or balconies.”

Rules alone have not eliminated the problem. During a recent Walt Disney World visit, we witnessed multiple guests apparently attempting to vape discreetly inside Magic Kingdom and Disney’s Hollywood Studios, including in quieter areas and the outdoor queue for The Twilight Zone Tower of Terror.

Have you ever noticed guests covertly smoking at a Disney park?

Chloe James

Chloë is a theme park addict and self-proclaimed novelty hunter. She's obsessed with all things Star Wars, loves roller coasters (but hates Pixar Pal-A-Round), and lives for Disney's next Muppets project.

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