Disney files notice of its intent to appeal judge's decision to dismiss lawsuit against Ron DeSantis and CFTOD

Feb 01, 2024 in "Reedy Creek Improvement District"

Posted: Thursday February 1, 2024 1:00pm ET by WDWMAGIC Staff

Disney has filed a notice with the United States Court of Appeals for the Eleventh Circuit of its intent to appeal Judge Allen Winsor's decision to dismiss the company's lawsuit against Florida Governor Ron DeSantis and his Central Florida Tourism Oversight District.

Notice is given that Plaintiff Walt Disney Parks and Resorts, U.S., Inc. ("Disney") hereby appeals to the United States Court of Appeals for the Eleventh Circuit from the Order Granting Motions to Dismiss (ECF No. 114) and the final judgment (ECF No. 115) entered by the U.S. District Court for the Northern District of Florida on January 31, 2024.

Yesterday, the U.S. District Court for the Northern District of Florida dismissed the lawsuit Walt Disney Parks and Resorts filed against Florida Governor Ron DeSantis and CFTOD. The lawsuit challenged legislative changes that stripped Disney of its control over the Reedy Creek Improvement District, now the Central Florida Tourism Oversight District (CFTOD), alleging that these changes were retaliatory and violated Disney's First Amendment rights. The court ruled that Disney lacked standing to sue the Governor and the Secretary of Florida's Department of Commerce and dismissed Disney's claims against the CFTOD board members on the merits, stating that a facially constitutional statute cannot be challenged based on alleged unconstitutional motives of lawmakers.

In a statement released following the court case's dismissal, a Disney spokesperson told WDWMAGIC, "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."

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castlecake2.07 days ago

Yes

Stripes7 days ago

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

mkt7 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.

Unbanshee7 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

lazyboy97o7 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.

Brian8 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.

mkt8 days ago

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

pdude818 days ago

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

Brian8 days ago

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

pdude818 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.

lazyboy97o8 days ago

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

flynnibus8 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.

UNCgolf8 days ago

That seems wildly optimistic.

flynnibus8 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.