Attorneys for Gov. Ron DeSantis, a state agency and his appointees to a that governs Disney World are asking a judge to dismiss a federal lawsuit in which Disney claims its free speech rights were violated by the takeover of its governing district. The lawsuit states this happened in retaliation for Disney's opposition to the so-called 鈥淒on't Say Gay鈥� legislation championed by the Florida governor.
Attorneys for DeSantis, the secretary of the Florida Department of Economic Opportunity and the DeSantis appointees to the Central Florida Tourism Oversight District filed motions this week asking that Disney's lawsuit in federal court in Tallahassee either be dismissed, put on hold or that they be dropped as defendants.
The federal court lacks jurisdiction over the Republican governor and the state agency's secretary, who are immune to the lawsuit, and the governor and secretary don't enforce any of the laws at issue so Disney lacks standing to pursue its claims, attorneys for the state of Florida argued in their motion to dismiss.
The motion also argues that DeSantis has legislative immunity which protects him from actions taken while conducting 鈥渓egitimate legislative activity.鈥�
鈥淎lthough Disney has grabbed headlines by suing the Governor, Disney 鈥� like many litigants before it who have challenged Florida鈥檚 laws 鈥� has no basis for doing so,鈥� the motion states.
READ MORE: Federal judge recuses himself from Disney case, but not for reasons cited by DeSantis
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 between the company and DeSantis. The fight began last year after Disney, beset by internally and externally, publicly opposed a state law banning classroom lessons on sexual orientation and gender identity in early grades, a policy critics call
As punishment, 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.
and the five-member board, asking a federal judge to void the governor鈥檚 takeover of the theme park district, as well as the oversight board鈥檚 actions, on the grounds they were violations of the company鈥檚 free speech rights.
in state court in an effort to maintain its control of construction and design at Disney World.
DeSantis, who announced for the 2024 GOP presidential nomination in May, has used the fight with Disney to burnish his 鈥渁nti-woke鈥� credentials and demonstrate his ability to push a conservative agenda.
Copyright 2023 WUSF 89.7.
