
Judge Dismisses Disney’s Lawsuit Against Desantis, Disney Files Appeal
Do you think businesses will reconsider operating in Florida?
Updated Feb. 2, 2024, 2:45 p.m. EST
- U.S. District Judge Allen Winsor dismissed Disney's lawsuit against Florida Gov. Ron DeSantis and his appointed board members, who were set to manage a planning district once operated by Disney. The next day, Disney filed an appeal of the judge's ruling.
- The federal judge ruled that Disney lacked standing to bring the suit, adding that the company's claims of injury from the appointment of board members to a new district created by Florida lawmakers were "in the past."
- Winsor, a Trump-appointed judge, also wrote that Disney failed to show damages from specific actions the new board has taken or will take. He added:
"In fact, Disney has not alleged any specific injury from any board action."
- Following the ruling, a Disney spokesperson said:
"This is an important case with serious implications for the rule of law, and it will not end here. If left unchallenged, this would set a dangerous precedent and give license to states to weaponize their official powers to punish the expression of political viewpoints they disagree with. We are determined to press forward with our case."
Updated on August 21, 2023, 10:20 a.m. PST
- Disney is filing a counterclaim against the board appointed by DeSantis to take control of Walt Disney World's special tax district, claiming Florida is infringing on their freedom of speech.
- The 55-page filing, which includes a breach of contracts claim, was filed against a May lawsuit brought by the Desantis-appointed Central Florida Tourism Oversight District board, which was itself a countersuit.
- During his campaign for the Republican party nomination, DeSantis said he wanted the legal battle to end, claiming he had "basically moved on."
- DeSantis has attacked Disney while on the campaign trail, accusing the company of sexualizing children. Disney CEO Bob Iger has called the accusation “preposterous.”
Updated on April 28, 2023
- Florida Sen. Marco Rubio (R) expressed concern that the battle between Disney and DeSantis could scare off other businesses:
“I think where it gets problematic in the eyes of some people is when you start creating the idea . . . that somehow if you run crossways against us politically, whoever’s in charge, you may wind up in the crosshairs of the legislature for political purposes to make a statement at you."
“I do worry that if this happens too many times, businesses that are thinking about coming to Florida are saying ‘Maybe we don’t want to go there because if we get into a firestorm with them politically, they might come after our business."
- Despite his reservations, Rubio supports DeSantis in his attack on Disney, saying:
"I don't have a problem with taking on Disney. I think the fundamental question here is if what we're trying to fix is if Disney had some arrangement that gave them governmental-type powers, I think it's a perfectly legitimate thing."
Updated on April 26, 2023
- Disney has sued Florida Gov. DeSantis and his hand-picked oversight board for weaponizing his political position to punish the company for their opposition to his policies, particularly their disagreement with his "Don't Say Gay" bill.
- Disney has accused the governor of infringing upon their free speech rights.
- The lawsuit was filed immediately after DeSantis' oversight committee took steps to regain its power over Disney and the special tax district in which it is located. Disney's lawsuit is seeking an injunction to block the oversight committee's actions.
- The 77-page lawsuit states:
“Disney finds itself in this regrettable position because it expressed a viewpoint the Governor and his allies did not like. Disney wishes that things could have been resolved a different way. But Disney also knows that it is fortunate to have the resources to take a stand against the State’s retaliation – a stand smaller businesses and individuals might not be able to take when the State comes after them for expressing their own views. In America, the government cannot punish you for speaking your mind.”
“The governor got very angry about the position that Disney took, and it seems like he’s decided to retaliate against us. … in effect, to seek to punish a company for its exercise of a constitutional right.”
Updated on April 10, 2023
- DeSantis has threatened to impose taxes on the hotels and roads leading into the Disney theme park in light of his ongoing dispute with the corporation over their censure of his "Don't Say Gay" bill.
- DeSantis said:
"[W]e're going to look at things like taxes on hotels, we're going to look at things like tolls on the roads, we're going to look at things like developing some of the property that the district owns."
"[T]hey are not superior to the people of Florida. And so come hell or high water, we're going to make sure that policy of Florida carries the day."
"[W]e are going to win on every single issue involving Disney."
- Disney CEO Bob Iger said his company has a "right to freedom of speech just like individuals do" and that DeSantis' moves were "anti-Florida."
Updated on March 30, 2023
- Disney has referenced an obscure royal clause to render Gov. DeSantis' decision to take control of Disney's theme park district ineffective.
- Disney ran the district for over half a century until DeSantis made a move to take control of the district, citing Disney's defiance of state sex education laws and Disney's criticism of the Parental Rights in Education Act, known colloquially as the "Don't Say Gay" bill.
- Disney has bypassed the Republican board selected by DeSantis by using an archaic covenant known as a "royal lives clause", which has been used in legal documentation since the late 17th century.
- The Central Florida Tourism Oversight District says the agreement passed last month by the previous board gives the Disney corporation control over the area and restricts the power of the new board due to a stipulation contained in the agreement that states:
"[It is valid until] 21 years after the death of the last survivor of the descendants of King Charles III, king of England."
"We're going to have to deal with it and correct it. [Disney's actions are] a naked attempt to circumvent the will of the voters and the will of the Florida Legislature."
"The Executive Office of the Governor is aware of Disney’s last-ditch efforts to execute contracts just before ratifying the new law that transfers rights and authorities from the former Reedy Creek Improvement District to Disney. An initial review suggests these agreements may have significant legal infirmities that would render the contracts void as a matter of law.”
"Governor DeSantis’ new board would not, and will not, allow Disney to give THEMSELVES unprecedented power over land (some of which isn’t even theirs!) for 30+ years.”
- DeSantis' selected board is liaising with lawyers to settle the dispute.
What’s the story?
- Florida Gov. Ron DeSantis signed a bill earlier this week to take control of Walt Disney World’s municipal services and development for the special district surrounding the park.
- DeSantis said the special zone encompassing the park — known as the Reedy Creek Improvement District — enabled the company to avoid local rules and building codes.
- During a news conference, he stated:
“The corporate kingdom finally comes to an end. There’s a new sheriff in town, and accountability will be the order of the day.”
What’s in the bill?
- The bill appoints a five-person board to oversee the municipal services where Disney operates, including fire protection and road maintenance. The committee will include people who “very much want to see Disney be what Walt envisioned,” as put by DeSantis, and will have a role in Disney's revenues and debt.
- Members of the board include local elections lawyer Michael Sasso and conservative school board member Bridget Ziegler, who is also the wife of a Flordia Republican Party chairman Christian Ziegler.
- The bill would also end some of Disney’s privileges, including an exemption from state regulatory reviews, as well as remove its self-governing status.
- DeSantis hopes that while the board handles infrastructure and maintenance, it also stops Disney from “inject[ing] woke ideologies.” He said:
“When you lose your way, you’ve got to have people that are going to tell you the truth. So we can hope they can get back on. But I think all of these board members very much would like to see the type of entertainment that all families can appreciate.”
Criticisms
- Opposers say the bill seems to be a part of a growing feud between Disney and DeSantis, as the governor said the company “crossed the line” by opposing his ‘Don’t Say Gay' bill. DeSantis has said he’s fighting the “woke indoctrination” of the company, including Disney’s move to require proof of vaccination, mandate masks to prevent the spread of COVID-19, and make changes to the park to promote diversity.
- Critics are stressing that DeSantis’ bill is an attempt to push his own ideological agenda and a dangerous step towards punishing entities that exercise their First Amendment right to criticize his positions.
- Rep. Rita Harris (D-FL) questioned just how far DeSantis would go to control his opponents. Citing Disney’s decision to change Splash Mountain into Tiana’s Bayou Adventure in an effort to be more inclusive, she said:
“What if the governor didn’t like that? Would the board be able to push the company into changing their business model?”
Do you support DeSantis' bill?
-Jamie Epstein
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