DeSantis’ attorneys ask court to dismiss Disney lawsuit

Published Jun. 28, 2023, 3:24 p.m. ET | Updated Jun. 28, 2023

50th Anniversary Cinderella Castle Decorations at the Magic Kingdom in Bay Lake, Fla., Oct. 24, 2021. (Photo/Brian McGowan, Unsplash)
50th Anniversary Cinderella Castle Decorations at the Magic Kingdom in Bay Lake, Fla., Oct. 24, 2021. (Photo/Brian McGowan, Unsplash)

TALLAHASSEE, Fla. (FLV) – Gov. Ron DeSantis’ attorneys have asked a federal judge to dismiss a lawsuit in which Disney claims its free speech rights were violated by the takeover of its governing district, claiming the governor is “immune” to the lawsuit.

Disney previously filed the lawsuit in April after DeSantis’ appointed board overseeing Walt Disney World voted to nullify last-minute, far-reaching agreements over the Central Florida district.

Attorneys for DeSantis, the secretary of the Florida Department of Economic Opportunity and the newly appointed board members on the Central Florida Tourism Oversight District filed motion, the Associated Press reported.

In the motion, attorneys for the state reportedly argued that 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.”

“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 said.

The company previously alleged that the governor-appointed board is engaging in a “targeted campaign of government retaliation” that would threaten “Disney’s business operations, jeopardizes its economic future in the region, and violates its constitutional rights.”

DeSantis’ office previously responded, saying Disney has no “legal right” to “operate its own government or maintain special privileges not held by other businesses in the state.”

In May, the board unanimously voted to sue the Walt Disney Company in state court after the previous Reedy Creek board gave the company enormous power through developmental agreements.

Just before the new law was signed in February to create the new board and strip Disney of its self-governing powers, the previous board zipped through 11th hour contracts that restricted the new board’s powers.

Upon learning about the contracts, the new Central Florida Tourism Oversight District voted to nullify those Disney agreements.

However, Chair Martin Garcia said the board had “no choice” but to respond and sue Disney in state court.

“Our role is simply to follow the laws enacted by the Florida Legislature,” Garcia said. “This is what this board has done, and will continue to do to move the district forward.”

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