The entertainment giant, Disney, has launched an appeal against a judge’s dismissal of its lawsuit concerning Florida Governor Ron DeSantis’ takeover of the Walt Disney World governing district. This development comes after the company claimed the governor’s actions were retaliatory in nature, following Disney’s opposition to a controversial state law. Meanwhile, DeSantis has dismissed the appeal as a “mistake” and urged Disney to “move on.”
Disney’s Stand Against State’s Power
Disney filed the notice of appeal on Wednesday, expressing concerns over the dangerous precedent that could be set by the federal judge’s decision in Tallahassee. The company argued that such a ruling could potentially allow states to utilize their powers to penalize differing viewpoints. The dispute over the control of the district remains unsettled, with another lawsuit still pending in a state court in Orlando.
In the past, Disney had vocally criticized the “Don’t Say Gay” law, enacted in 2022, that prohibited classroom discussions on sexual orientation and gender identity in early grades. The company believed that the transfer of the governing district’s control from Disney supporters to DeSantis appointees was a retaliation for its public opposition to this law.
Judge’s Dismissal of Disney’s Case
The lawsuit was dismissed by U.S. District Judge Allen Winsor, who stated that Disney lacked standing with its claims against DeSantis and a Florida state agency’s secretary. Furthermore, the company’s claims against DeSantis’ appointees to the Disney World governing district’s board were also deemed meritless.
Winsor stated that when a law is constitutional on its face, plaintiffs cannot challenge it with free speech claims simply because they believe lawmakers acted with unconstitutional motives. He emphasized that the law in question, which overhauled the Disney World district, did not specifically target Disney but included special districts established before the Florida Constitution’s ratification, including the Disney district.
Expert Opinions on Disney’s Appeal
The chances of Disney’s appeal succeeding have sparked diverging opinions among experts. Some believe that the appellate court will need to address a significant question raised by the judge’s decision, while others argue that the dispute should have been politically resolved rather than litigated.
Richard Foglesong, a professor emeritus at Rollins College, believes Disney might have more success focusing on lobbying efforts. He stated, “As the judge’s ruling shows, they erred in using the courts to resolve a political question.” Orlando attorney Jacob Schumer, on the other hand, stated that the appellate court will need to determine if a law is targeting an entity even if it isn’t directly named.
As this legal battle unfolds, the control of the Walt Disney World district remains a contentious issue. Before the district’s control was transferred to DeSantis appointees, Disney supporters on the board had signed agreements with Disney to shift design and construction control at Disney World to the company. However, the new appointees claimed these “eleventh-hour deals” undermined their powers. The district has since sued the company in state court in Orlando to have these contracts voided.
As Disney continues its legal struggle, the outcome of this case could have significant implications not only for the company but also for the broader question of state powers and free speech.
For more on this story, stay tuned to Fortune (source).
