Disney v. DeSantis

Disney v. DeSantis is a lawsuit brought against Florida governor Ron DeSantis by the Parks, Experiences and Products division of The Walt Disney Company in 2023 in the United States District Court for the Northern District of Florida. The plaintiff claims that DeSantis, with Florida Department of Economic Opportunity acting secretary Meredith Ivey and the Central Florida Tourism Oversight District board, violated the company's First Amendment rights by using government power to exact political retaliation.

Disney v. DeSantis
Court	United States District Court for the Northern District of Florida
Full case name	Walt Disney Parks and Resorts, Inc. v. Ronald D. DeSantis, Meredith Ivey, Martin Garcia, Michael Sasso, Brian Aungst, Jr., Ron Peri, Bridget Ziegler, and John Classe
Decided	January 31, 2024
Docket nos.	4:23-cv-00163
Court membership
Judge(s) sitting	Allen C. Winsor^[1]^[2]

The dispute began when Disney officials expressed disapproval for the proposed Florida Parental Rights in Education Act, which has been labeled by reporters, protesters, and counterprotesters as the "Don't Say Gay" bill. After DeSantis responded angrily, the Florida State Legislature repealed the Reedy Creek Improvement Act that had established a special governance and taxing district around Walt Disney World in Lake Buena Vista, Florida.

Critics of Disney argue that the company had been given too much self-governing power. Critics of DeSantis argue that he made Florida's government harmful to doing business with gay people, undermined a business's right to free speech, and is hurting one of the state's largest employers and taxpayers. Among his critics are other Republican leaders, including then-House Speaker Kevin McCarthy and fellow presidential candidates Donald Trump and Nikki Haley.

A federal judge ruled in favor of DeSantis on January 31, 2024. The next day, Disney filed an appeal to the 11th Circuit Court of Appeals.^[3][4]

Background

Walt Disney World and the Reedy Creek Improvement District

Main article: Reedy Creek Improvement District

 

Walt Disney World was opened in Florida in 1971 and is governed by the Central Florida Tourism Oversight District

In October 1971, the entertainment resort complex Walt Disney World was opened in Bay Lake, Florida.^[5] Walt Disney World is governed by the Central Florida Tourism Oversight District, formerly the Reedy Creek Improvement District, which includes part of Orange and Osceola County. Reedy Creek was created in 1967 by the Reedy Creek Improvement Act, signed by then-Florida governor Claude R. Kirk Jr. (R), with the purpose being for Walt Disney to build a community (i.e. a town, to be known as EPCOT), with an emphasis on the zoning issues brothers Walt and Roy Disney faced when Disneyland opened in 1955.^[6]

Ron DeSantis

Further information: Disney and Florida's Parental Rights in Education Act

In January 2019, Ron DeSantis was elected governor of Florida.^[7] DeSantis signed the Florida Parental Rights in Education Act in March 2022, prohibiting public schools in Florida from discussing or having classroom instruction on sexual orientation or gender identity from kindergarten through third grade.^[8] Before its passage, the act spurred a political debate within The Walt Disney Company, whose then-CEO, Bob Chapek, stated that he would not take a stance against or for the bill.^[9] Although Chapek later apologized for his comments and paused political donations in the State while promising to do more, including using all company resources to force Florida to repeal the bill,^[10] a group of employees organized a series of walkouts at The Walt Disney Company headquarters in Burbank, California.^[11] As Disney heir Charlee Corra came out as transgender and condemned the law,^[12] conservative activists and pundits began protesting Disney, with activist Christopher Rufo claiming that conservatives are "waging [a] moral war against Disney". The release of a video of Disney Television Animation producer Latoya Raveneau discussing Disney's willingness to incorporate queer storytelling further intensified the feud; DeSantis voiced his support for repealing the act that created the Reedy Creek Improvement District.^[13]

On April 22, 2022, DeSantis signed a bill repealing the Reedy Creek Improvement District.^[14] Rather than seeking to dissolve Reedy Creek, DeSantis eyed seizing it, reserving that taxpayers would not be responsible for its debt, estimated to be US$1 billion, or Walt Disney World's community services.^[15][16] DeSantis gained control of the district on February 27, 2023.^[17] Before the Florida House of Representatives voted on transferring control of the district to DeSantis, Reedy Creek board members voted on a royal lives clause invoking King Charles III's last descendant in order to circumvent a rule against perpetuities to prevent the governor from using Disney's intellectual property:^[18]

This Declaration shall continue in effect until twenty one (21) years after the death of the last survivor of the descendants of King Charles III, King of England living as of the date of this Declaration.

Lawsuit

On April 26, 2023, Walt Disney Parks and Resorts sued DeSantis, Florida Department of Economic Opportunity acting secretary Meredith Ivey, and the Central Florida Tourism Oversight District board, accusing DeSantis of violating the company's First Amendment rights by utilizing political power for "government retaliation" purposes.^[19] The lawsuit states that DeSantis' actions "jeopardizes its economic future in the region, and violates its constitutional rights" and highlighted its value to the state of Florida; Disney is one of the largest employers in the state, provided US$1.1 billion in state and local taxes,^[20] and helps drive tourism.^[21] The lawsuit was filed by Daniel Petrocelli on Disney's behalf, a lawyer based in Los Angeles whose services were requested by former president Donald Trump in a 2016 class action lawsuit against the now-defunct Trump University. The case was assigned to United States District Court for the Northern District of Florida chief judge Mark E. Walker, appointed by former president Barack Obama, who handed a victory to six University of Florida professors in a First Amendment case in 2022.^[22] Disney v. DeSantis was filed minutes after the Central Florida Tourism Oversight District board nullified two agreements granting Disney unfettered control over the expansion of Walt Disney World at the behest of general counsel Daniel Langley.^[23] U.S. magistrate judge Martin Fitzpatrick recused himself from the case due to a conflict of interest.^[24]

On May 1, 2023, the Central Florida Tourism Oversight District board voted to countersue Disney.^[25]

On June 1, 2023, Chief Judge Walker ruled against a motion by DeSantis to disqualify him due to previous comments in unrelated cases. However, Walker recused himself on the same day, after learning that a relative owned stock in Disney.^[1][2] The case was reassigned to Judge Allen C. Winsor, appointed by former president Donald Trump, who previously dismissed a case against the state involving the Florida Parental Rights in Education Act that is in the middle of the Disney v. DeSantis lawsuit. Judge Winsor was also previously the Solicitor General of Florida.^[26]

On June 26, 2023 attorneys for DeSantis filed a motion to dismiss Disney's lawsuit claiming that the Governor and Florida legislators have "legislative immunity."^[27] The lawsuit was dismissed on January 31, 2024.^[28]

Impact

Disney v. DeSantis was seen as a flashpoint in the 2024 Republican Party presidential primaries, as DeSantis was a potential Republican candidate. Former president Donald Trump previously rebuked DeSantis for his feud against Disney.^[29] Martin Garcia, the chair of the Central Florida Tourism Oversight District board, said that the district will have to raise taxes in order to pay for legal fees.^[19]

Responses and commentary

DeSantis's response

Disney v. DeSantis was filed during DeSantis' overseas trade tour and foreign visit to Israel, in which he spoke at The Jerusalem Post's "Celebrate the Faces of Israel" event. At a news conference at the Museum of Tolerance Jerusalem, DeSantis said the lawsuit was without merit.^[30]

Republican response

Former president Donald Trump said that DeSantis "is being absolutely destroyed by Disney." Republican presidential candidate Vivek Ramaswamy referenced a social media bill signed into law by DeSantis in 2021, wherein Disney was able to provide an exemption for themselves.^[31] Other critical Republicans include former New Jersey governor Chris Christie, New Hampshire governor Chris Sununu, and former Arkansas governor Asa Hutchinson. Presidential candidate Nikki Haley said that Disney should move to the "anti-woke" South Carolina, while Speaker of the House Kevin McCarthy urged DeSantis and Disney to negotiate.^[32]

Analysis

Floyd Abrams, who represented The New York Times in New York Times Co. v. United States, said that the lawsuit would survive a motion to dismiss and that it was a "serious First Amendment case". Legal scholar Rebecca Tushnet concurred. Law professor RonNell Andersen Jones noted that Disney has been afforded considerable First Amendment protections due to conservative justices on the Supreme Court, contrasting previous stances with current rhetoric from conservatives.^[33] Lawyer and columnist for The New York Times David French invoked O'Hare Truck Service, Inc. v. City of Northlake and said that, should Disney lose the case, the courts would "cast a pall of fear over private expression".^[34]

Online response

The lawsuit has divided fans of Walt Disney World, with moderators for a Walt Disney World subreddit removing dozens of comments. Tom Bricker, who operates Disney Tourist Blog, has attempted to keep the comments on his blog neutral while continuing to write blog posts.^[35]

References

1. Barnes, Brooks (June 2, 2023). "Judge in Disney World Case Steps Aside but Blasts DeSantis's Lawyers". New York Times.
2. Sforza, Lauren (June 2, 2023). "Judge recuses himself from Disney-DeSantis case: 'I choose to err on the side of caution'". The Hill.
3. Maddus, Gene (January 31, 2024). "Disney Loses First Amendment Fight With Ron DeSantis in Federal Court". Variety. Retrieved January 31, 2024.
4. Wile, Rob (February 1, 2024). "Disney files appeal after federal judge dismissed its lawsuit against DeSantis". NBC News. Retrieved February 13, 2024.
5. Fischels, Josie (June 19, 2021). "1971: The Year That Gave Us Starbucks, Disney World — And A Lower Voting Age". NPR. from the original on April 18, 2023. Retrieved April 26, 2023.
6. Petri, Alexandria (March 1, 2023). "What did Disney actually lose from its Florida battle with DeSantis?". Los Angeles Times. from the original on April 26, 2023. Retrieved April 26, 2023.
7. "DeSantis already governor when ceremony begins". Tampa Bay Times. News Agency of Tampa. January 5, 2019. from the original on April 7, 2023. Retrieved April 26, 2023.
8. Diaz, Jaclyn (March 28, 2022). "Florida's governor signs controversial law opponents dubbed 'Don't Say Gay'". NPR. from the original on April 26, 2023. Retrieved April 26, 2023.
9. Faughdner, Ryan (March 12, 2022). "Disney is not alone. Young employees in revolt are holding bosses' feet to the fire". Los Angeles Times. from the original on April 7, 2023. Retrieved April 26, 2023.
10. Whitten, Sarah (March 28, 2022). "Disney vows to help repeal 'Don't Say Gay' law, says Florida Gov. DeSantis shouldn't have signed it". CNBC. Retrieved May 19, 2023.
11. Faughdner, Ryan (March 15, 2022). "Disney LGBTQ employees plan walkout over Florida bill". Los Angeles Times. from the original on March 16, 2022. Retrieved April 26, 2023.
12. Peiser, Jaclyn (April 12, 2022). "Disney heir comes out as transgender, condemns Florida's LGBTQ law". The Washington Post. from the original on April 12, 2022. Retrieved April 26, 2023.
13. Faughdner, Ryan (April 15, 2022). "In Disney-DeSantis feud, echoes of long-standing culture war". Los Angeles Times. from the original on April 15, 2022. Retrieved April 26, 2023.
14. Lemongello, Steven; Swisher, Skyler (April 22, 2022). "DeSantis signs bill eliminating Walt Disney World's Reedy Creek district; Fitch warns of bond downgrade". Orlando Sentinel. from the original on April 22, 2022. Retrieved April 26, 2023.
15. Contorno, Steve (May 16, 2022). "DeSantis eyes state takeover of Disney's special district". CNN. from the original on February 28, 2023. Retrieved April 26, 2023.
16. Barnes, Brooks (February 10, 2023). "DeSantis Declares Victory as Disney Is Stripped of Some 56-Year-Old Perks". The New York Times. from the original on April 26, 2023. Retrieved April 26, 2023.
17. Contorno, Steve; Maher, Kit (February 27, 2023). "DeSantis signs bill that gives him more control of Disney's special district". CNN. from the original on April 9, 2023. Retrieved April 26, 2023.
18. Weiner, Jeff (March 30, 2023). "Royal clause and King Charles III invoked in Disney vs. DeSantis board dispute". Orlando Sentinel. from the original on April 20, 2023. Retrieved April 26, 2023.
19. Bradner, Eric; Contorno, Steve (April 26, 2023). "Disney sues DeSantis and oversight board after vote to nullify agreement with special taxing district". CNN. from the original on April 26, 2023. Retrieved April 26, 2023.
20. Picchi, Aimee (April 26, 2023). "Disney sues Ron DeSantis, alleging he "targeted" the company for political reasons". CBS News. from the original on April 26, 2023. Retrieved April 26, 2023.
21. Arkin, Daniel (April 26, 2023). "Disney sues Florida Gov. Ron DeSantis over control of self-governing district". NBC News. from the original on April 26, 2023. Retrieved April 26, 2023.
22. Wines, Michael (January 21, 2022). "Judge Issues Stinging Free Speech Ruling Against University of Florida". The New York Times. from the original on March 12, 2023. Retrieved April 26, 2023.
23. Barnes, Brooks (April 26, 2023). "Disney Sues DeSantis Over Control of Its Florida Resort". The New York Times. from the original on April 26, 2023. Retrieved April 26, 2023.
24. Bolado, Caroline (April 28, 2023). "Magistrate Judge Recuses Himself In Disney-DeSantis Fight". Law360. Retrieved April 29, 2023.
25. Rozsa, Lori (May 1, 2023). "DeSantis's board votes to countersue Disney". The Washington Post. Retrieved May 1, 2023.
26. Maddaus, Gene (June 2, 2023). "Disney-DeSantis Lawsuit Transferred From Obama Judge to Trump Appointee". Variety.
27. Woodward, Alex (June 26, 2023). "Ron DeSantis claims immunity from Disney lawsuit in motion to dismiss political retaliation case". The Independent. Retrieved June 27, 2023.
28. Barnes, Brooks (January 31, 2024). "Federal Judge Dismisses Disney Lawsuit Against DeSantis". The New York Times. Retrieved January 31, 2024.
29. Haberman, Maggie (April 19, 2023). "Republicans Hit DeSantis Over Disney Feud". The New York Times. from the original on April 25, 2023. Retrieved April 26, 2023.
30. Contorno, Steve; Allen Greene, Richard (April 27, 2023). "In Jerusalem, DeSantis offers support for Israel and blasts Disney". CNN. Retrieved April 27, 2023.
31. Garrity, Kelly (April 30, 2023). "Vivek Ramaswamy swipes at Ron DeSantis on Disney". Politico. Retrieved April 30, 2023.
32. Frazier (April 27, 2023). "DeSantis rivals are enjoying his feud with Disney. Here are the Republicans who've lashed out". Politico. Retrieved April 30, 2023.
33. Darcy, Oliver (April 27, 2023). "Disney has a 'strong case' against DeSantis over his 'retaliatory campaign,' First Amendment experts say". CNN. Retrieved April 27, 2023.
34. French, David (April 30, 2023). "Disney v. DeSantis: How Strong Is the Company's Lawsuit?". The New York Times. Retrieved April 30, 2023.
35. Tenbarge, Ken (April 27, 2023). "Disney fans are fighting online in response to the company's lawsuit against DeSantis". NBC News. Retrieved April 27, 2023.

External links

• Disney v. DeSantis at CourtListener