Disney Pushes Back on DeSantis’s Latest Motion in the Federal Lawsuit

We have a HUGE update on the Disney federal court case against Ron DeSantis. Disney has responded to DeSantis’s motion to dismiss.

The Ongoing Battle

By now it is no secret that the past year has been a turbulent one between the state of Florida and The Walt Disney Company. After Florida passed the Parental Rights in Education Law in 2022, tension built until (then) CEO Bob Chapek denounced the bill.

Shortly after, state Republicans repealed the Reedy Creek Improvement Act of 1967 that allowed  Disney to function as its own governing body in the two cities and land within Orange and Osceola counties. This action resulted in big operational changes to the Walt Disney World resort.

The bill passed, and Reedy Creek Improvement District officially dissolved, giving the state of Florida power over Disney World. Additionally, DeSantis appointed the new Central Florida Tourism Oversight District (CFTOD) as its governing board.

The Lawsuits Begin

In response to this move, current Disney CEO Bob Iger indicated that DeSantis is punishing the Walt Disney Company for practicing free speech in its reaction to the Parental Rights in Education Law. In fact, in April, Daniel M. Petrocelli, a high-powered Los Angeles litigator, filed complaints on Disney’s behalf in federal court against Governor DeSantis. 

Disney claims “A targeted campaign of government retaliation – orchestrated at every step by Governor DeSantis as punishment for Disney’s protected speech – now threatens Disney’s business, operations, jeopardizes its economic future in the region, and violates its constitutional rights.”  In other words, the company maintains that DeSantis has violated its First Amendment Rights by retaliating against its public opposition to the bill.

It is unsurprising that, DeSantis has asked for a judge to dismiss the whole thing claiming that the Walt Disney Company’s filing is “meritless.” The state also claims that Governor DeSantis and the Florida Department of Economic Opportunity Secretary should both be “immune from this suit.”

Disney Responds to the Motion to Dismiss

Today (July 26, 2023), Disney responded to the motion. It comes as no surprise that Disney stands in staunch opposition to dismissal. According to Deadline, Disney’s legal representation stated, “This case presents the fundamental question whether the Governor and the State can escape accountability for their open defiance of our Nation’s most cherished liberties.”

Moreover, Disney’s legal representation states, “The Governor seeks to evade responsibility for his actions on a narrower ground, asserting that a governor cannot be held officially liable for implementing, administering, and enforcing state laws that punish residents for political statements violating a state-prescribed speech code.” And, “The motion seeks dismissal on Article III standing, sovereign-immunity, and legislative-immunity grounds, but those principles have no application here.”

To sum it up, Disney is NOT having it.

What’s more, Disney has asked for a court date that just so happens to coincide with the Republican National Convention: July 15, 2024. Judge Allen C Winsor has given DeSantis and his legal team until August 9, 2023, to respond to Disney’s motion.

Disney rejected DeSantis’s motion to dismiss.

Meanwhile, there is an entirely DIFFERENT lawsuit going on between Disney and the CFTOD. You can read about it here.

What do you think of Disney’s reaction to DeSantis’s motion to dismiss? Which party do you suppose will prevail? Let us know in the comments. And, be sure to pass the story along to your friends who are following along.

Source: Deadline