Judge Strikes Down a New Motion in the Disney vs. DeSantis Board Lawsuit

We have breaking news on the Disney legal front. The judge just made a huge decision in the lawsuit.

Disney vs. DeSantis

By now you may have heard of the ongoing legal drama between The Walt Disney Company and Ron DeSantis and his newly appointed Central Florida Tourism Oversight District (CFTOD). The turmoil began when former CEO Bob Chapek spoke out against the Parental Rights in Education Law passed in Florida in 2022.

Shortly after this move, Florida’s state Republicans passed a bill to repeal 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. After the bill passed, the 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. This action resulted in big operational changes to the Walt Disney World resort. And it also led to two lawsuits.

The Two Lawsuits

The first of the two lawsuits is a federal case Disney brought against DeSantis. Current CEO Bob Iger maintains 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. DeSantis, unsurprisingly, motioned for dismissal. Disney has since responded, and you can read about it here.

However, there is also a state-level lawsuit filed by the DeSantis-appointed Central Florida Tourism Oversight District (CFTOD) against Disney to nullify agreements between the former Reedy Creek Tourism District and Disney. The agreement essentially transferred power from the Reedy Creek Tourism District to Disney prior to the district being dissolved.

DeSantis himself is NOT a party in this other lawsuit. This is something entirely different. Disney, unsurprisingly, made a motion of its own for dismissal.

On July 14, 2023, Judge Margaret H Schreiber heard arguments from representatives for both Disney and the Central Florida Tourism Oversight District (CFTOD) during an hour-long hearing pertaining to the motion for dismissal of the Central Florida Tourism Oversight District lawsuit against Disney. Essentially, Disney is arguing that the case is moot since Florida has already passed legislation (SB 1604) nullifying the agreement.

Ultimately, she determined she needed more time to reach a decision and had both parties draft competing orders should she rule in their favor. And, it seems the time has come! A decision HAS been made.

The Judge Has Spoken

Today (July 28, 2023) Judge Margaret H Scheiber DENIED Disney’s motion to dismiss. The conclusion states, “Because this case is not moot and a stay is not proper, the Court hereby denies Disney’s Motion to Dismiss or, in the Alternative, to Stay this Action. Disney shall file its answer to the District’s Corrected Complaint within twenty (20) days of the date of this order.”

Disney LOST its motion to dismiss in the state-level case.

Now, Disney must prepare its answer. We here at kennythepirate.com will keep you updated on what happens next.

What do you think about the judge’s decision to DENY Disney’s Motion to Dismiss? Let us know in the comments. And, be sure to pass this along to your friends who have been following along with the battle.