Tonio
Asperger's Poster Child
"J.D. has been playing Santa for a long time," says his wife, Darlene. "He plays Santa and I play Mrs. Claus. We do it for charity, and we march in parades. We’ve done it for the troops in our local National Guard, and for disabled vets at the local VA hospital."
The difference there was that those appearances were by invitation. If a mall has already hired a Santa for the day, and another guy shows up on his own to play Santa, I think parents would be justified at questioning the guy's motivation.
Plus, I see it as partly a liability issue. If Worley had hurt a child deliberately or accidentally, the parents would have sued Disney. Whether or not the suit would have any standing is irrelevant.
But I also agree with kom526 that Disney can't claim any copyright on the Man in Red. I would phrase it differently - when I take my kids to Orlando, I think I have a reasonable expectation that the characters are people who are accountable to Disney, either as employees or as people hired for the day.