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

19 days ago 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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DCBaker13 hours ago

Disney has filed a Notice of Taking Deposition for Glen Gilzean in the CFTOD vs Disney case.

JoeCamel3 days ago

I think it's just a way to say "we are exploring all options"

Stripes3 days ago

They’re just looking to negotiate who is going to pay the lawyers.

Figgy13 days ago

mmascari3 days ago

Interesting. Not sure how they can settle the federal case. The other two should be simple to settle if that's really a goal.

flyakite4 days ago

From Orlando Sentinel: YOU WILL PLEASE TAKE NOTICE that on Wednesday, February 28, 2024 at 9:30 a.m., or as soon thereafter as practicable, the Board of Supervisors of the Central Florida Tourism Oversight District will meet in regular session at 1900 Hotel Plaza Boulevard, Lake Buena Vista, Florida. At that time and in addition to other business on the agenda, the Board of Supervisors will conduct readings and public hearings on and consider for adoption: RESOLUTION NO. 659 A RESOLUTION OF THE CENTRAL FLORIDA TOURISM OVERSIGHT DISTRICT ADOPTING A SEXUAL HARRASSMENT POLICY. RESOLUTION NO. 660 A RESOLUTION OF THE CENTRAL FLORIDA TOURISM OVERSIGHT DISTRICT ADOPTING AN EMERGENCY MANAGEMENT PLAN. Interested parties may appear at the public meeting and hearing to be heard with respect to the proposed resolutions. If a person decides to appeal any decision made by the Board of Supervisors with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. By: Alycia Mills, District Clerk Central Florida Tourism Oversight District CENTRAL FLORIDA TOURISM OVERSIGHT DISTRICT BOARD OF SUPERVISORS CLOSED-DOOR MEETING On Wednesday, February 28, 2024 at 9:30 a.m. or soon thereafter as the progression of the Board’s regular meeting permits, pursuant to Section 286.011(8), Florida Statutes, the Board of Supervisors of the Central Florida Tourism Oversight District will commence a public meeting and then meet in an Attorney/Client Executive Closed Session to discuss strategy and settlement negotiations related to litigation expenditures in the following cases: - Walt Disney Parks and Resorts U.S., Inc. v. DeSantis, et. al., N.D. Fla. Case No. 4:23-cv-00163-MW-MJF (On appeal to the Eleventh Circuit of the United States Court of Appeals) - Central Florida Tourism Oversight District v. Walt Disney Parks and Resorts U.S., Inc., Orange County Circuit Court Case No. 2023-CA- 011818-O. - Walt Disney Parks and Resorts U.S., Inc. v. Central Florida Tourism Oversight District, Orange County Circuit Court Case No. 2023-CA-017887-O The persons in attendance at the closed-door meeting will be Board of Supervisor members, Chair - Martin Garcia, Vice-Chair - Charbel Barakat, Brian Aungst, Jr., Ron Peri, and Bridget Ziegler; District Administrator Glenton Gilzean; Acting General Counsel Daniel Langley and/or A. Kurt Ardaman; and litigation counsel Paul Huck. The closed-door meeting will be held at 1900 Hotel Plaza Blvd, Lake Buena Vista, FL 32830

mkt5 days ago

Things changed.

PsylockeSmythe5 days ago

Back when my wife worked at Disneyland in her late teens, it was a guy to played Tinkerbelle and flew through the air. Psy

mkt5 days ago

It’s a woman. I know several of the performers personally. 5 foot tall and both super slender and absolutely ripped.

mkt5 days ago

Sometimes, outside counsel handles those too. Also compliance stuff.

DCBaker8 days ago

Here's the full agenda packet for the Pollution Control Board meeting this Thursday. https://www.oversightdistrict.org/wp-content/uploads/2024/02/02.15.24_Pollution-Control-Board-Meeting-Agenda-Packet.pdf

peter1143511 days ago

Not really a rumor. Both Disney and the governor have stated this.

GrumpyFan11 days ago

There was a rumor that Disney tried to meet with the governor's staff before everything went to the legislature. Supposedly, the governor's people told Disney to "pound sand". It is quite disappointing considering what Disney has done for the state for so many years.

Just JBC11 days ago

I agree. I don't think that the bill that would have dissolved the district is a problem. They did a blanket shot for all of the really old districts. Had they stopped there, the only problem they might have had would be if they then reconstituted every district except Disney. I worked for Government briefly. There was an employee that it would have been too much effort to fire for cause (she was bad, but she wasn't that bad). So they eliminated all people in her position, of which there was only her. The layoff then became a budget decision rather than a personnel action. The problems became when they reconstituted the district into one that is actively adversarial to the major landowner. I haven't looked to see if any other districts were also reconstituted, but if they were, I'm guessing that their names weren't changed to "... oversight district." By not just letting the district dissolve (and having the state absorb Disney's debts), it sure seems that they went from a neutral law that affected Disney to a targeted bill that retaliated against Disney. Especially when one of the requirements to serve on the board is that they can't have recent theme park experience? I had expected DeSantis to meet with Disney, mutually agree to get rid of the things that Disney wasn't using/probably would never use (i.e. their own airport, ability to have a nuclear power plant, etc), and then have his press conference declaring victory. I remain disappointed that the decision was made to opt for scorched earth instead.