Disney is requesting to narrow the focus of its federal lawsuit against Gov. Ron DeSantis to specifically target a free speech claim. The company alleges that the governor retaliated against them due to their public opposition to a Florida state law that prohibits classroom lessons on sexual orientation and gender identity in early grades.
In an amended complaint filed on Friday, Disney seeks permission from a federal judge to solely address the First Amendment claim. The legality of agreements between Disney and the former Reedy Creek Improvement District board, which was composed of Disney supporters at the time, will be addressed in a separate state court lawsuit.
Earlier this year, DeSantis gained control of the RCID, subsequently reconstituting it into the Central Florida Tourism Oversight District. He appointed new members to replace the elected officials and even mentioned the possibility of imposing taxes on Disney’s hotels or building a prison next to Walt Disney World.
Disney circumvented DeSantis’ actions by having its predecessors sign a development agreement that granted the company maximum developmental power over the theme park resort’s 27,000 acres. This shifted control of design and construction from the new DeSantis appointees to Disney, prompting legal challenges in state court concerning the legality of the agreements.
According to Disney’s federal court motion, the company is experiencing concrete and ongoing harm as a result of the CFTOD Board’s retaliatory actions. They contend that this is an “unconstitutional weaponization of government” and seek a declaratory judgment that would allow them to pursue their future in Florida without interference.
U.S. District Judge Allen Winsor initially rejected Disney’s request to narrow the lawsuit due to a procedural rule. However, Disney has the opportunity to refile the request after complying with the court rule.
The intertwining of the state and federal cases is becoming evident, as demonstrated by recent motions filed in the state case and Disney’s counter-claim asserting similar claims in both cases. Disney’s counter-claim came after the state court judge refused their request to dismiss the lawsuit.
The conflict between DeSantis and Disney began last year when the company publicly opposed a state law prohibiting classroom lessons on sexual orientation and gender identity in early grades. As a result, Disney pulled out of a approximately $1 billion investment in Florida, citing changing business conditions.
DeSantis, who is seeking the dismissal of Disney’s lawsuit, argues that the company is barred from filing a lawsuit due to legislative immunity and lacks standing to prove injury. He is a candidate for the 2024 GOP presidential nomination.
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