Florida - Tuesday June 27, 2023: Attorneys for Gov. DeSantis, and the Florida Department of Economic Opportunity, as well as the revamped board appointed to govern Disney World, all filed motions in the Tallahassee Federal Court Monday asking that the lawsuit Disney filed over DeSantis' takeover of its governing district be dismissed, put on hold, or that they be dropped as defendants.
Disney's federal lawsuit claims its free speech rights were violated because the Governor acted in retaliation to the company's opposition to the so-called “Don't Say Gay” legislation championed by DeSantis.
In their motions to dismiss, attorneys for the state of Florida argue that the federal court lacks jurisdiction over the Republican governor who is immune to the lawsuit. They argue that neither the Governor, nor the Secretary of the the Department of Economic Opportunity, enforce any of the laws at issue so Disney lacks standing to pursue its claims. They also maintain that DeSantis has legislative immunity which protects him from actions taken while conducting “legitimate legislative activity.”
“Although Disney has grabbed headlines by suing the Governor, Disney — like many litigants before it who have challenged Florida’s laws — has no basis for doing so,” the motion states.
In their motion, the DeSantis' appointees to the Disney World governing board asked a federal judge to either dismiss the case or put it on hold until after some of the same issues raised in the federal lawsuit are resolved in state court where the board has a lawsuit pending against Disney.
The DeSantis appointees took over the Disney World governing board earlier this year following a year long feud between the company and DeSantis. The fight began last year after Disney, beset by significant pressure internally and externally, publicly opposed a state law banning classroom lessons on sexual orientation and gender identity in early grades, a policy critics call 'Don't Say Gay.'
As punishment, DeSantis took over the District through legislation passed by Florida lawmakers and appointed a new board of supervisors to oversee municipal services for the sprawling theme parks and hotels. But before the new board came in, the company made agreements with previous oversight board members who were Disney supporters that stripped the new supervisors of their authority over design and construction.
In response, DeSantis and Florida lawmakers passed legislation that repealed those agreements.
Disney sued DeSantis and the five-member board, asking a federal judge to void the governor’s takeover of the theme park district, as well as the oversight board’s actions, on the grounds they were violations of the company’s free speech rights.
The Board then sued Disney in state court in an effort to maintain its control of construction and design at Disney World.
DeSantis, who announced his campaign for the 2024 GOP presidential nomination in May, has used the fight with Disney to burnish his “anti-woke” credentials and demonstrate his ability to push a conservative agenda.