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Judge throws out Disney suit against DeSantis in blow to the House of Mouse

February 1, 2024 | | Print Article

A federal judge dismissed a lawsuit brought by the Walt Disney Company against Florida Governor Ron DeSantis, a major blow to the House of Mouse.

On Wednesday, Judge Allen Winsor of the U.S. District Court for the Northern District of Florida ruled that Disney had no standing to bring the suit alleging retaliation by the governor over the takeover of a special taxing district after the company was critical of a parental rights bill.

The company, which claimed that its First Amendment rights were violated, was smacked down by Judge Winsor an appointee of former President Donald J. Trump who said that Disney’s claims of injury were “in the past” and that it “failed to show damages from specific actions the new board has taken or will take because of the governor’s alleged control of it.”

It is settled law that ‘when a statute is facially constitutional, a plaintiff cannot bring a free-speech challenge by claiming that the lawmakers who passed it acted with a constitutionally impermissible purpose,’” Winsor wrote in his ruling.

Disney took its fight against the conservative leader to the courts after Republican state lawmakers backed by DeSantis moved to revoke its special privilege for the Reedy Creek Improvement District near Orlando which was renamed the Central Florida Tourism Oversight District with the governor having the power to select the board.

“Today, U.S. District Court Judge Allen Winsor issued an opinion dismissing the federal case Disney brought against Governor DeSantis. This ruling finally ends Disney’s futile attempts to control its own special government and receive benefits not available to other businesses throughout the state,” the governor’s office said in a statement.

Long accustomed to getting its way in a state where its sprawling theme parks are located, Disney quickly learned that DeSantis wasn’t a typical craven politician when he punched back hard after it declared war on him over the so-called “Don’t Say Gay” bill that addressed parental concerns about the sexualizing of young children in classrooms.

“As stated by Governor DeSantis when he signed HB 9-B, the Corporate Kingdom is over. The days of Disney controlling its own government and being placed above the law are long gone. The federal court’s decision made it clear that Governor DeSantis was correct: Disney is still just one of many corporations in the state, and they do not have a right to their own special government. In short — as long predicted, case dismissed,” said Jeremy Redfern, the governor’s press secretary.

Redfern was referring to a statement by DeSantis last year after it learned a hard lesson about meddling in politics.

“They’re going to lose that lawsuit. So what I would say is drop the lawsuit,” DeSantis predicted last year.

The company vowed to appeal the ruling.

“This is an important case with serious implications for the rule of law, and it will not end here. If left unchallenged, this would set a dangerous precedent and give license to states to weaponize their official powers to punish the expression of political viewpoints they disagree with. We are determined to press forward with our case,” Disney said in a statement after its lawsuit was tossed out.

Chris Donaldson
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