Judge assigned to Disney's lawsuit against Ron DeSantis disqualifies himself from presiding over the case

Jun 01, 2023 in "Reedy Creek Improvement District"

Posted: Thursday June 1, 2023 7:00pm ET by WDWMAGIC Staff

Judge Mark E. Walker has disqualified himself from presiding over Disney's lawsuit against Florida Governor Ron DeSantis and the board of the Central Florida Tourism Oversight District.

Walker denied Ron DeSantis' motion to remove him from the case but decided disqualification was required due to a family member owning a small amount of stock in The Walt Disney Company.

The case has now been assigned to 46 year old Orlando-born Republican Judge Allen C Winsor, who was appointed by President Donald Trump in 2019.

Walker said in his order on disqualification.

"Although Defendant's motion to disqualify is without merit, I must consider a separate question of whether I should disqualify myself. On Friday, May 26, 2023, I learned, and later confirmed, that a relative within the third degree of relationship owns thirty shares of stock in Plaintiff's parent corporation, The Walt Disney Company. Upon learning this information, I became obligated to engage in a separate inquiry pursuant to the Code of Conduct for United States Judges to determine if the financial interest of my third-degree relative "could be substantially affected by the outcome of [this] proceeding." I have engaged sua sponte, stemmed from my doubt that I could set aside my resentment of the movant's scurrilous attacks on my family. Of course, in explaining my reasons for disqualification in Kelly, I am certainly not inviting parties to judge-shop by making scurrilous attacks on my family in future cases. I pause to note that the Code of Conduct for Unites States Judges does not impose a duty on judges to inquire into the financial interests of third-degree relatives. See Canon 3C(1)(d)(iii) in that inquiry and determined that disqualification from this proceeding is required under the circumstances.

You can read Walker's full filing here.

In the motion filed May 19, DeSantis claimed that Walker should disqualify himself from the case to "prevent even the appearance of impropriety." The claim relates to two unrelated cases where the Court offered "Disney" as an example of state retaliation.

Walker was nominated to serve as district judge for the United States District Court for the Northern District of Florida by President Barack Obama in 2012 and became chief judge in June 2018.

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peter1143551 minutes ago

What places are like that? What places don’t get to vote for their mayors, council, and governors? It is not distorting the situation at all.

Disstevefan11 hour ago

Well, yea, RCID did need “residents” and TWDC did own the land so, yea I guess they should hand pick the residents. As for the other businesses within the district, whatever. I was never for dissolving RCID. I benefited from RCID because I had a family member that worked for RCID and the perks he got seemed BETTER than cast member perks. TWDC was at the right place at the right time and central Florida would not be what it is today without TWDC and RCID, but we all must know that RCID was an extension of TWDC; and RCID was controlled by TWDC and to be honest they did a good job. The parks, roads, infrastructure was perfectly safe. I worried CFTOD would get in the way and would slow down anything being done at WDW. I think there is no worry about that so far. Disney works slow enough as it is.

lazyboy97o2 hours ago

Yeah it’s so weird that a property owner gets to decide who lives on their property. I’m sure you’d just let anyone camp out on your yard.

JoeCamel3 hours ago

Some places are like that but to claim there is no representation is distorting the situation

peter114356 hours ago

By that logic why do we bother having elections for mayors and city councils? Why not just let the governor appoint those too. Why stop there. Just let the president appoint governors too. After all we got to elect the president so we still had a vote.

mikejs7814 hours ago

There are many issues with FL law with what the state did. Trouble is the courts in FL are stacked with DeSantis appointees.

Disstevefan115 hours ago

On the other hand, the "residents" of RCID were hand picked by Disney. There were two little cul-de-sacks of mobile homes within the district and those were the hand picked residents of RCID.

JoeCamel15 hours ago

You elect the governor and they appoint the board so you still have a vote. In any case I think that would be a federal complaint not one tried in the state courts

tecowdw16 hours ago

On thing I've always wondered why it wasn't mentioned by Disney... The CFTOD board is 100% appointed by the State with no representation from the actual land owners within the municipality. They have no voting rights to pick who represents them on the board. Now I realize that was kind of the point of the whole political issue but how is that not unconstitutional - taxation without representation? Doesn't every municipality have to do general elections to pick their board representatives? Even RCID did that.

tecowdw16 hours ago

Just goes to show that the whole thing was just a political stunt. Now that the political steam has ran out on this issue, it actually operates like it is suppose to. A good sign that maybe CFTOD and Disney can live amicably after all. And I'm sure they definitely will once the remnants of Desantis and his original board cronies are all long gone and forgotten. It was always a given that Disney would be around long after those political individuals' "15 seconds of fame" ended. I wonder if Garcia, the vocal Disney critic, leaving the board was part of a back room deal to get Disney to drop their lawsuits and renegotiate the RCID development agreement. Maybe that's also how an experienced new administrator got put in place as well. I can't imagine Disney just relinquished all of it's lawsuits/agreements without ensuring they had something valuable in return since they are +80% of the district's tax base in land ownership. They just aren't that stupid! ;) At the end of the day, while Disney lost control of their municipality, it's in everyone's best interest to work together for the common goal of bringing tourist dollars in to the maximum potential. Central Florida could be a very different place had Disney not been able to expand their operations for 51 years with RCID.

GoneViral1 day ago

Happy days are here again.

MR.Dis1 day ago

I just read a report that the CFTOD meeting was a boring managing the district business, just like the old RCID days. No protests and very little attendance. No mention of the pending negotiation of the developement agreement.

DCBaker3 days ago

The agenda and documents for the CFTOD Board of Supervisors meeting is now available at the link below. Included in this packet are documents related to the FY2023 Annual Financial Statement presentation and an annual audit by Cherry Bekaert, LLP. As a head's up, the meeting has shifted an hour from previous times - it is scheduled to begin at 10:30am. https://www.oversightdistrict.org/wp-content/uploads/2024/04/BOS-Meeting-Packet-4-24-24-Final-P.pdf

flynnibus8 days ago

Looks to be moved https://www.oversightdistrict.org/wp-content/uploads/2024/04/BOS-Meeting-04-24-24-Agenda-Outline.pdf