Ron DeSantis, Board Appointees Ask Judge To Dismiss Disney Lawsuit

TALLAHASSEE, FL — Florida Gov. Ron DeSantis, a state official and the governor's appointees to the new board in charge of governing Disney World in Orlando asked a judge this week to dismiss a lawsuit filed by the entertainment giant claiming the company's First Amendment rights were violated when the new board was put in place.

Attorneys for DeSantis, acting secretary of the Florida Department of Economic Opportunity Meredith Ivey, and appointees to the Central Florida Tourism Oversight District filed motions Monday asking that Disney's lawsuit be dismissed, put on hold or that they be dropped as defendants, according to an Associated Press report.

In the motion, the group's attorneys argue the court lacks jurisdiction over DeSantis and the state agency's secretary because they don't enforce any of the laws at issue, the AP reported. The suit also states DeSantis has legislative immunity, which protects him from legal action taken while conducting "legitimate legislative activity," the report said.

"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.

The legal development is the latest in a months-long feud between Florida's governor, Republican officials and lawmakers, and the entertainment giant.

In February, lawmakers passed legislation allowing the state to take control of Disney World's independent special taxing district known as the Reedy Creek, which gave Disney World the right to self-govern its 25,000-acre footprint in Orange and Osceola counties.

The legislation renamed the Reedy Creek Improvement District to the Central Florida Tourism Oversight District and gave DeSantis the power to select the five-person board.
The move by Florida lawmakers was primarily seen as retaliation for the entertainment giant publicly opposing Florida's Parental Rights in Education bill that bars instruction on sexual orientation and gender identity in schools.

In March, board members appointed by DeSantis learned Disney's previous board passed a 30-year agreement and restrictive covenants that made new members powerless to manage Disney's future growth in Florida, the Orlando Sentinel first reported.

The board appointed by DeSantis later voted to nullify the agreement. Minutes later, Disney sued DeSantis, the five-member board, and other state officials in federal court, accusing DeSantis of orchestrating "every step" in a "targeted campaign of government retaliation."

Days later, the Central Florida Tourism Oversight District voted unanimously to countersue Disney and defend itself in federal court.

Since both lawsuits were filed, Florida lawmakers passed a proposal to nullify the controversial development agreement between Disney and the company's previous board.

Earlier this month, a Florida judge overseeing the lawsuit disqualified himself from the case, according to reports, because a relative owns 30 shares of Disney stock. Walker described the person as "a third-degree relative," typically a cousin, a great-aunt or great-uncle, or a great-niece or great-nephew.

DeSantis' legal team filed a motion to disqualify Walker in May because he previously referenced the ongoing dispute between the governor's administration and Disney during hearings in two unrelated lawsuits before him dealing with free speech issues and fear of retaliation for violating new laws championed by the governor and Republican lawmakers.

Disney had opposed the governor's motion, saying the judge had shown no bias. Walker also called the governor's arguments "without merit."