Florida Governor Ron DeSantis files motion to disqualify judge in Disney's federal lawsuit

May 19, 2023 in "Reedy Creek Improvement District"

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Posted: Friday May 19, 2023 4:48pm ET by WDWMAGIC Staff

Florida Governor Ron DeSantis is attempting to remove Chief Judge Mark E. Walker from presiding over Disney's federal lawsuit against DeSantis and the Central Florida Tourism Oversight District regarding the state's retaliatory actions again Disney.

In the motion filed today, DeSantis claims 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.

You can read the full motion here and the opening comments below.

Defendants move to disqualify Chief Judge Mark E. Walker (the Court) under 28 U.S.C. § 455(a) because the Court's impartiality in this matter might reasonably be questioned. This case involves claims that Defendants retaliated against Walt Disney Parks and Resorts U.S., Inc. based on Disney's viewpoints. Yet two previous times, in two unrelated cases, the Court sua sponte offered "Disney" as an example
of state retaliation. Those remarks—each derived from extrajudicial sources—were on the record, in open Court, and could reasonably imply that the Court has prejudged the retaliation question here. Because that question is now before this Court, and because that question involves highly publicized matters of great interest to Florida's citizens, the Court should disqualify itself to prevent even the appearance of impro-
priety.

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castlecake2.010 days ago

Yes

Stripes10 days ago

Has Disney/CFTOD continued to replace the purple direction signage with the new blue color scheme since CFTOD took over?

mkt11 days ago

You're right. The new document will be different. It will be "different" in the way that Chris Gaines was "different" from Garth Brooks or how the drummer from Nirvana is "different" from the singer of the Foo Fighters.

Unbanshee11 days ago

Both are effectively picked by the Governor, just not technically. Look no further than the communications "strategy" with the replacement of Gilzean of the Governor's office getting out ahead of every single step of the process

lazyboy97o11 days ago

The settlement acknowledged the “need” to change the comprehensive plan, which undermines this idea. So too does the lack of an agreement, as the 2032 Comprehensive Plan wasn’t that different than the again in force 2020 Comprehensive Plan.

Brian11 days ago

That's understandable for sure. I just felt inclined to make the distinction due to the ongoing conversation, as the district administrator is selected by the board, while the board is selected by the governor.

mkt11 days ago

The new agreement will be functionally the same as the one Disney was sued over.

pdude8111 days ago

You're right. This has been going on so long I just lumped all the antagonists together.

Brian11 days ago

Not to nitpick, but Gilzean was district administrator, not a board member.

pdude8111 days ago

A bigger risk than keeping Garcia and Gilzean on the board as active disruptors? I don't agree with their decision to stall the federal lawsuit, but I understand why they saw the status quo as a risk to growth over the next few years.

lazyboy97o11 days ago

You don’t think dropping your bargaining power in the middle is the best strategy in a negotiation?

flynnibus11 days ago

Again… we know nothing except both sides have shown signs of positive attitude and certainty of successful outcomes. What does that mean? None if us know. All we can speculate is… they know a lot more than they have said publicly… and obvious things like "desantis is not perpetual…" were clearly obvious to them when they made these choices.

UNCgolf11 days ago

That seems wildly optimistic.

flynnibus11 days ago

“Right now…” Yes, we all know this. But again, we don’t know what back room deal they have setup. Who knows… it could even include new legislation promises… Or Disney is just rolling with the hand they are dealt… maybe they have accepted that the time to sunset their advantages of rcid is here… none of us can tell what their true intentions are right now.