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Mateel Environmental Justice Foundation Klamath Environmental Law Center 424 First Street Eureka CA 95501 (707) 268-8900

Ecological Rights Foundation 867B Redwood Drive Garberville, CA 95542 (831) 454-8216 www.ecorights.org

2201 Broadway, Suite 302 Oakland, CA 94612 (510) 655-3900 www.ceh.org October, 2011

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Introduction Lead is a stunningly toxic metal. A long list of problems has been linked to lead exposure: lowered intelligence, behavior problems, cancer, strokes, high blood pressure, kidney problems, anemia, cavities, and delayed puberty.

Lead, especially lead that children can easily touch, is not what most parents expect to find on a visit to the Happiest Place on Earth. A recent investigation by the Ecological Rights Foundation found that brass and stained glass items containing lead are surprisingly common at Disneyland, in places that are easily accessible to children. In many cases, the lead-tainted items are parts of attractions that children play with or handle for long periods, more than enough time to experience significant lead exposures.

Under California law, consumers must be warned when businesses expose them to excessive levels of any chemical, like lead, that is known to cause cancer or reproductive harm. The state’s safety standard allows no more than 0.5 micrograms (ug) of lead exposure (per day), but we found one item at Disneyland that can expose children to 700 times that much lead.

We notified Disney of our findings in December 2010, hoping that the company would take quick action to protect the millions of children who visit their parks. But nine months later, Disney has yet to act, despite our multiple legal requests to resolve these serious health hazards.

Since Disney has failed to act, we are asking the court to take immediate action to protect children by requiring Disney to cover the lead-tainted items or to provide warnings to parents at every location where there is a lead hazard.

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What We Did

Last summer, while vacationing in Florida, Fred Evenson of the Ecological Rights Foundation (“ERF”) was in Orlando and visited Disneyworld with his wife and two young daughters. While there, he noticed his daughters handling and swinging from the brass ball tops of the line posts (also called “stanchions”) that are used to create the lines at rides and attractions. Fred’s prior experience working to end lead threats from several brass consumer products made him wonder if the brass Disney objects might also be exposing children to lead.

Back home in California, ERF teamed up with Mateel Environmental Justice Foundation (“Mateel”) and Center for Environmental Health (“CEH”) to investigate Disneyland in Anaheim. We initially tested brass ball tops of the line posts, brass chains attached to the line posts, and hand railings at restaurants. These tests, using colorimetric test kits (similar to the lead check kits consumers can find in hardware stores), were positive for lead. We followed up with additional tests to determine how much of the lead would come off on a child’s hands. Using testing protocols designed by the National Institute of Occupational Safety and Health (NIOSH) and by an independent toxicologist, we tested dozens of items at Disneyland for lead exposures. The samples were sent to an independent State-certified lab to quantify how much lead exposure a child would suffer.

We notified Disney of our findings in December 2010. The company failed to take protective action, so we filed a lawsuit to compel Disney to act in April 2011.

We have also continued to visit Disneyland and the company’s other Anaheim theme park, Disney’s California Adventure, conducting more lead testing and finding numerous lead hazards throughout the parks (see charts, pp. 5-8)

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What We Found During several visits to Disneyland beginning in June 2010, we found accessible lead at exposures above California safety standards in dozens of objects throughout the park. Under the law, consumers must be warned of lead exposures of more than 0.5 micrograms per day.

June 2010

We conducted lead wipe tests on three items, and an independent lab analyzed the test wipes using a NIOSH (National Institute for Occupational Safety and Health) protocol. The chart below describes the tests we did in June.

Sample Description Test Type Result

(micrograms)

Brass rail in line at Blue Ribbon Bakery Wipe test 18

Brass stanchion at exit of Haunted Mansion ride Wipe test 5.9

Brass Bat stanchion at entrance to Haunted House ride Wipe test 2.3

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December 2010 We conducted lead tests on five items; in December. We used a hand wipe protocol to collect lead samples that accounted for background lead on a person’s hands. First we took a wipe sample of the hand before touching the brass object; the sample collector then touched the object and took a 2nd wipe sample of his hand. Thus, the amount of lead on his hand after touching the object, minus the lead found on the first wipe sample, is the total amount of lead exposure he would suffer from touching the object This amount of lead is the “lead exposure” line for each of the four items in the chart, below.


(micrograms)

“Sample 2" Wipe of investigators’ hands after standing in line for Haunted Mansion ride

Hand Wipe after contact with brass items 2.6

“Sample 1" Wipe of investigators’ hands before standing in line for Haunted Mansion ride

Hand wipe before contact with brass items 1.6

Lead exposure 1 “Sample 4" - Wipe of investigators’ hands after standing in line for Peter Pan’s Flight ride

Hand Wipe after contact with brass items

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“Sample 3" - Wipe of investigators’ hands before standing in line for Peter Pan’s Flight ride

Hand wipe before contact with brass items

0.25

Lead exposure 9.75 “Sample 7" - Wipe of investigators’ hands after standing in line for Mr. Toad’s Wild Ride

Hand Wipe after contact with brass items

6.1

“Sample 6" - Wipe of investigators’ hands before standing in line for Mr. Toad’s Wild Ride

Hand wipe before contact with brass items 0.28

Lead exposure 5.82 “Sample 9" - Wipe of investigators’ hands after standing in line for Blue Ribbon Bakery

Hand Wipe after contact with brass items 12

“Sample 8” - Wipe of investigators’ hands before standing in line for Blue Ribbon Bakery

Hand wipe before contact with brass items

0.66

Lead exposure 11.34

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March 2011

We conducted lead wipe tests using the same protocol we used in June 2010. We tested three items at Disneyland and one item at Disney's California Adventure park.


(micrograms)

Brass rail at Toy Story Midway Mania ride (at Disney's California Adventure park)

Wipe test 12

Upper tip of brass sword at "The Stone and the Sword" attraction Wipe test 2.7

Brass railing at Paradise Pier viewing area for World of Colors show Wipe test 4.4

Brass stanchion ball at Paradise Pier viewing area for World of Colors show

Wipe test 5.6

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September 2011

We conducted lead wipe tests on sixteen items using the same protocol we used in June 2010. Note that the wipe test of the “Pinocchio” stained glass window at the Village Haus restaurant showed lead at 700 times the state safety standard.

Sample Description Test Type Result (micrograms)

Stained glass window at exit of Pinnochio’s Journey ride

Wipe test 29

“Pinnochio” stained glass window in dining area of Village Haus restaurant Wipe test 350

Brass drinking water fountain next to Village Haus restaurant Wipe test 2.7

Brass balls along fence near seating area at Walt Disney and Mickey Mouse statues on Main Street USA

Wipe test 1.4

Brass tray rail in Plaza Inn cafeteria Wipe test 12

Stained glass on entrance door to Plaza Inn cafeteria Wipe test 33

Brass rail in line at Gibson Girl Ice Cream Parlor Wipe test 12

Brass doorknob at Mickey’s House in Toontown Wipe test 18

Brass dial on radio in Mickey’s House in Toontown Wipe test 17

Brass perfume bottle tops at Minnie’s House in Toontown Wipe test 3.4

Brass balls on stanchions at line for Peter Pan’s Flight ride Wipe test 9.7

Brass balls on stanchion at line for Dumbo Ride Wipe test 8.2

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Brass anvil on Sword in the Stone attraction: one hand Wipe test 4.2

Brass sword on Sword in the Stone attraction: one hand Wipe test 9.3

Brass handle on Sword in the Stone attraction: one hand Wipe test 1.3

Brass handle on Sword in the Stone attraction: pushing handle down Wipe test 0.98

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October 2011

We conducted lead wipe tests iusing the same protocol we used in June 2010. Seven of the items tested were from California Adventure Park.


Brass stanchions at Twilight Zone Tower of Terror Wipe test 2.3

Brass balls at Silly Symphony Swings Wipe test 11

Brass rails at Silly Symphony Swings Wipe test 3.5

Brass rail at Toy Story Mania Wipe test 11

Brass rail at Paradise Pier Wipe test 2.4

Brass stanchion ball at Paradise Pier Wipe test 3.0

Brass rail at Ariel’s Undersea Adventure Wipe test 5.7

An additional 17 items tested were from Disneyland Park.


Brass gun at Frontierland Shootin’ Exposition Wipe test 1.3

Leaded stained glass at the Golden Horseshoe restaurant Wipe test 200

Brass rail at the Golden Horseshoe restaurant Wipe test 3.5

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Brass library lamp at Innoventions Wipe test 1300

Brass rail at River Belle Terrace restaurant Wipe test 11

Brass stanchion ball at Café Orleans Wipe test 1.9

Brass hand rail at Plaza Inn Wipe test 46

Brass stanchion balls at the Haunted Mansion Wipe test 11

Brass stanchion balls at Mr. Toad’s Wild RIde Wipe test 28

Brass stanchion balls at Pirates of the Caribbean Wipe test 9.2

Brass stanchion balls at Snow White’s Scary Adventures Wipe test 10

Leaded stained glass window at Bibbidi Bobbidi Boutique (inside) Wipe test 22

Leaded stained glass window at Bibbidi Bobbidi Boutique (outside) Wipe test 100

Leaded stained glass window at Castle Heraldry Shoppe Wipe test 18

Leaded stained glass window at Sleeping Beauty’s Castle Wipe test 49

Brass rail at the Blue Ribbon Bakery Wipe test 11

Brass handle on movie machine at the Penny Arcade Wipe test 23

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Images of lead tainted items at Disneyland

Leaded stained glass window from “Pinocchio’s Journey”

Wipe test result: 15 times California limit

Leaded stained glass Pinocchio door


Drinking fountain with leaded brass bowls at Pinocchio Plaza


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Leaded brass tray rail at the Plaza Inn


Leaded stained glass door at the Plaza Inn


Leaded brass knob on Mickey Mouse’s radio


Leaded brass tops on Minnie Mouse’s perfume bottles


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Leaded brass stanchion at Peter Pan’s flight


Leaded brass grip on “Sword in the Stone” sword


(also pictured on cover)

Leaded stained glass at Bibbidi Bobbidi Boutique

Wipe test result: 44 – 200 times California limit

Leaded brass handle on movie machine (“rotoscope”) at the Penny

Arcade


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California Law

Under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (often called Proposition 65 or Prop 65), consumers must be warned when they are exposed to any chemical known to the state to cause cancer or reproductive harm. Lead is known to cause both.

Disney claims that they provide warnings at the parks, yet despite several legal requests, they have failed to provide any evidence (photos of the signs, descriptions of the text, locations of the signs) that these warnings exist. Under the law, warnings to consumers must be “clear and reasonable.” During several trips to the park we have been unable to locate any warning signs – there are none at the park entrances, none on the tickets, and none near the lead-tainted attractions.

We sent Disney a legal notice of their violation of California Law on December 30, 2010, and sent the company a second legal notice with more evidence of lead threats at the parks in March 2011. As the company failed to act in response to these notices, we filed a lawsuit in April 2011.

Despite these repeated legal actions, Disney has yet to take any action to protect children at their parks. That is why we are now asking the court for a preliminary injunction ordering Disney to either 1) cover the lead-containing items so people cannot get their hands on them; or 2) provide clear and reasonable warning at each of the attractions that informs parents that their children will be exposed to a chemical that causes cancer and reproductive harm while visiting that attraction.

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Not Good for Children

Lead has a profound ability to damage children’s intellectual and behavioral development. According to the Centers for Disease Control and Prevention, “No safe blood lead level in children has been determined.” Here are a few examples of recent research that highlights problems caused by exposure to small amounts of lead.

• Scientists at Duke University found that increased blood lead levels in toddlers (1 to 2 years old) were linked with lower test scores in fourth grade.

• A study led by a scientist at the Harvard School of Public Health found that lead exposure in children ages 5 to 10 was linked with lower scores on IQ tests, lower scores on standardized reading and math achievement tests, decreased attention, and memory problems.

• A national monitoring program at the Center for Disease Control and Prevention showed that common levels of lead exposure may be responsible for Attention Deficit Hyperactivity Disorder (ADHD) in almost 300,000 children. Recent research has confirmed the relationship of lead exposure and ADHD, and shown that even lower levels of lead exposure are a problem.

• University of Cincinnati researchers found that arrest rates of young adults (both for violent crimes and all arrests) were linked to the blood lead levels of these adults when they were children. Higher childhood lead exposure was associated with higher arrest rates. Recent research has confirmed this relationship and identified lead exposure at age 6 to be particularly significant

The primary source of lead exposure to children is lead-based paint in older homes and other buildings. But lead exposure is so serious that all exposures, including those at Disneyland, must be reduced or eliminated.

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What You Can Do

If you visit Disneyland, you and your children should keep your hands off stained glass windows and brass items. Washing your hands and your childrens’ hands often will reduce any potential lead exposure.

Tell Disney that this is a problem that can and should be solved quickly. Visit http://www.ceh.org for a simple way to tell Disney to take action.

If you’re concerned about lead problems in a product that you own, the Center for Environmental Health can test it for you. Call Ryan at 510-655-3900 ext. 310 or e-mail [email protected].

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References Introduction U.S. Department of Health and Human Services. Public Health Service. Agency for Toxic Substances and Disease Registry. 2005. Draft toxicological profile for lead. http://www.atsdr.cdc.gov/toxprofiles/tp13.html. Pp. 9-30. Not Good For Kids U.S. Department of Health and Human Services. Public Health Service. Agency for Toxic Substances and Disease Registry. 2005. Draft toxicological profile for lead. http://www.atsdr.cdc.gov/toxprofiles/tp13.html. p.23. M.L. Miranda et al. 2007. The relationship between early childhood blood lead levels and performance on end-of-grade tests. Environ. Health Perspect. 115:1242-1247. P. J. Surkan et al. 2007. Neuropsychological function in children with blood lead levels <10 mg/dL. NeuroToxicology 28 (2007) 1170–1177. Joe M. Braun et al. 2006. Exposures to environmental toxicants and Attention Deficit Hyperactivity Disorder in U.S. children. Environ. Health Perspect. 114:1904–1909. Joel T. Nigg et al. 2010. Confirmation and Extension of Association of Blood Lead with Attention-Deficit/Hyperactivity Disorder (ADHD) and ADHD Symptom Domains at Population-Typical Exposure Levels. J Child Psychol Psychiatry. 51(1): 58–65. John Paul Wright et al. 2008. Association of prenatal and childhood blood lead concentrations with criminal arrests in early adulthood. PLoS Medicine 5(5): 732-740. Richard W. Hornung et al. 2009. Age of Greatest Susceptibility to Childhood Lead Exposure: A New Statistical Approach Environ Health Perspect 117:1309–1312.

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