NEWS: DeSantis Lawyers Ask Judge To Toss Out Disney Lawsuit in Last-Ditch Effort Before Hearing

On the heels of the news that Central Florida Tourism Oversight District (CFTOD) employees got quite the shock of a massive outstanding tax bill recently for previous benefits from Disney, we’ve learned of another update!

Disney vs. DeSantis

Disney filed a federal lawsuit against DeSantis and members of the board in early 2023 arguing that Disney’s federal rights to free speech have been violated. Disney claims that DeSantis has waged a “relentless campaign to weaponize government power” against Disney to punish them for their political views.

We’ve seen Governor Ron DeSantis’ team attempt to dismiss the Disney lawsuit previously (actually twice already); however, it seems they’ve made plans for one more attempt for a federal judge to decide on very soon.

Attorneys for Governor Ron DeSantis plan to ask the federal judge presiding over their case on Tuesday, December 12th, to dismiss the free speech lawsuit filed by Disney. This lawsuit was filed in response to DeSantis taking control over Disney World’s Reedy Creek governing district when the company publicly opposed a new state law that banned classroom instruction on gender identity and sexual orientation in young grade levels.

©ABC || DeSantis signs the Parental Rights in Education Act into law.

Although this isn’t the first time we’ve seen DeSantis’ attorneys file motions to dismiss the matter, it is the latest. If the motion to dismiss the lawsuit is unsuccessful, the hearing on December 12th would be the first time anyone would hear legal verbal arguments about the case in a courtroom. The hearing is currently scheduled to happen in Tallahassee.

According to an article by CBS News, part of the lawsuit filed by Disney claims that DeSantis knowingly used state power to retaliate against the entertainment company, which violated its First Amendment right to free speech. DeSantis’ attorneys plan to argue a dismissal for the case, claiming the Governor is immune because he doesn’t enforce any of the laws that removed supervision of the district from Disney supporters to those who were recently appointed in the renamed Central Florida Tourism Oversight District.

©Central Florida Tourism Oversight Board Livestream

The decision to dismiss or not is being left up to U.S. District Judge Allen Winsor. Pending his decision, the outcome could determine who controls the governing district surrounding Disney World. This district oversees services such as planning, road repairs, and emergency services for Disney World’s property. Judge Winsor took office by appointment in 2019 when President Donald Trump was in office.

©Florida Bar

This feud isn’t only at a federal level either — Disney and DeSantis are also battling in a Florida state court about a lawsuit filed in Orlando over who controls the district.

Attorneys for DeSantis are arguing the federal lawsuit should be dismissed since they claim that Disney lacks grounds in their claims to support a lawsuit. According to CBS, “Neither the governor nor the secretary of the Florida Department of Economic Opportunity, who is also named in the lawsuit, have the power to enforce the laws which were passed to revamp the Disney World government and shift control of the district’s board from Disney supporters to the governor’s appointees, according to DeSantis.” The new appointees from the Governor are also named in the lawsuit filed by Disney.

DeSantis

For their side, Disney is rebuffing DeSantis’ motion to dismiss, instead holding steadfast to their accusations that DeSantis and his appointees have been using political institutions to punish disfavored viewpoints different from their own. According to court papers filed with the suit, Disney claimed, “That premise is not just legally unsupported, it is profoundly un-American.”

©Central Florida Tourism Oversight Board Livestream

This feud started in 2022 after Disney made public statements opposing Florida’s Parental Rights in Education law, commonly called the “Don’t Say Gay” law by critics. The new law was championed by Governor DeSantis, who has also announced plans to run for the 2024 GOP presidential nomination. In retaliation to Disney’s public rebuttal of the state law, DeSantis and Republican legislators passed legislation in early 2023 that took over the district Disney had previously controlled as the RCID for more than 50 years and installed 5 new board members.

Stay tuned with us at Disney Food Blog for the latest in Disney news and updates.

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