Disney files opposition to DeSantis' motion to dismiss the federal court case against him and CFTOD

Jul 26, 2023 in "Reedy Creek Improvement District"

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Posted: Wednesday July 26, 2023 5:38pm ET by WDWMAGIC Staff

Deadline has published the motion filed by Disney today in opposition to Florida Governor Ron DeSantis' motion to dismiss Disney's federal lawsuit against him and members of his Central Florida Tourism Oversight District.

In the filing, Disney says of DeSantis, "In his view, corporations must remain 'merely economic actors,' and when they dare to 'become political' and seek to 'advance a political agenda' that does not conform to the ruling party's program, government leaders are free to 'fight back' by wielding official state power against disobedient companies until their disfavored views 'die.'"

Disney's legal team continues, "the Governor seeks to evade responsibility for his actions on a narrower ground, asserting that a governor cannot be held officially liable for implementing, administering, and enforcing state laws that punish residents for political statements violating a state-prescribed speech code. The motion seeks dismissal on Article III standing, sovereign- immunity, and legislative-immunity grounds, but those principles have no application here."

You can read the full 4537 word motion via Deadline here.

Judge Allen C Winsor presiding over the case, has set the DeSantis legal team until August 9 to reply to Disney's motion filed today.

Disney is suing DeSantis for what it says has been "a targeted campaign of government retaliation-orchestrated at every step by Governor DeSantis as punishment for Disney's protected speech-now threatens Disney's business operations, jeopardizes its economic future in the region, and violates its constitutional rights."

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castlecake2.05 hours ago

Yes

Stripes5 hours ago

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

mkt11 hours 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 hours 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

lazyboy97o19 hours 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.

Brian20 hours 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.

mkt20 hours ago

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

pdude8121 hours ago

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

Brian21 hours ago

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

pdude8121 hours 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.

lazyboy97o1 day ago

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

flynnibus1 day 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.

UNCgolf1 day ago

That seems wildly optimistic.

flynnibus1 day 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.