Disneyland and Universal consider suing California over its COVID-19 guidelines that could keep them 'shuttered for the foreseeable future'

Disneyland, Universal and other theme parks in California are exploring legal action against the state over its COVID-19 guidelines that could keep them 'shuttered for the foreseeable future', company executives said on Wednesday.

'All options are open at this point,' Erin Guerrero, executive director of the Californian Attractions and Parks Association, told a news conference when asked whether legal action was being considered.

Guerrero was responding to tough guidance by California health officials on Tuesday that pushed the reopening of Disneyland and other large parks months down the road.

The news conference was attended by senior executives from Walt Disney's Disneyland, Comcast's Universal Studios, Legoland and Knott's Berry Farm in California. 

Disneyland, Universal and other California theme parks are exploring legal action to hasten the reopening of the industry in the state, company executives said on Wednesday

Disney, which last month laid off 28,000 employees in its theme park division, said the guidelines would keep Disneyland 'shuttered for the foreseeable future'. People are seen waling outside the Universal Studios Theme park in July in Los Angeles 

All of them have been closed since mid-March because of the global pandemic.

'Our No. 1 goal is to be allowed to reopen responsibly. Obviously we'd love to keep that conversation going,' Guerrero said. 'At this point any options are viable.'

California Health Secretary Mark Ghaly said on Tuesday that theme parks with a capacity of more than 15,000 visitors must wait to resume business until a county's COVID-19 risk level drops to the lowest tier of 'minimal' spread. 

Tier 4 of 'minimal' risk level is the state's lowest risk level and is when the county has less than one new daily case per 100,000 people on a seven-day rolling average and a positivity rate of less than 2 per cent.  

If or when a park can reopen, the parks will then be subject to strict protocols including being limited to just 25 per cent capacity for visitors. 

Indoor dining and drinking in the parks are also limited to 25 per cent. 

Small parks - those with less than 15,000 overall capacity - only have to reach the Tier 3 - or moderate - coronavirus risk level where the county is recording less than four new daily cases per 100,000 and a positivity rate of less than 5 per cent.       

Capacity is also limited to 25 per cent or 500 people, whichever is fewer and can only accept visitors who live in the county.

California Health Secretary Mark Ghaly said on Tuesday that theme parks (Downtown Disney pictured on September 30) with a capacity of more than 15,000 visitors must wait to resume business until a county's COVID-19 risk level drops to the lowest tier of 'minimal' spread

All parks must only sell tickets in advance and face coverings are mandatory for all attendees except when eating or drinking. 

'There is a path forward. We don't know when, but we know how,' said Ghaly.  

Disney, which last month laid off 28,000 employees in its theme park division, said the guidelines would keep Disneyland 'shuttered for the foreseeable future'.

'The concept of trying to come up with a collaborative solution is the end goal for all of us,' Ken Potrock, president of the Disneyland resort, said at the news conference.

Universal Studios President Karen Irwin said the new guidelines meant the theme park in Hollywood was unlikely to reopen until well into 2021.

Walt Disney lost nearly $5billion in April, May and June, while its theme parks were shut down due to the coronavirus pandemic, executives said in August.

It cost the company $3.5billion just to close the parks during the third quarter, on top of the $1billion it cost to shut them down the second half of March.

The Disneyland resort alone has lost an estimated $2.2billion in revenue since the closure of Disney’s Anaheim theme parks.

Theme parks in Florida and other countries have reopened without major coronavirus outbreaks but with strict social distancing, testing and mask use, the California operators said.