Disney's lawsuit against Florida Governor Ron DeSantis and the Central Florida Tourism Oversight District is dismissed

Jan 31, 2024 in "Reedy Creek Improvement District"

Posted: Wednesday January 31, 2024 2:27pm ET by WDWMAGIC Staff

This afternoon, U.S. District Judge Allen Winsor has dismissed Disney's federal lawsuit against Florida Governor Ron DeSantis, and DeSantis' Central Florida Tourism Oversight District board.

As part of a 17 page ruling, Judge Winsor said, "In short, Disney lacks standing to sue the Governor or the Secretary, and its claims against the CFTOD Defendants fail on the merits because 'when a statute is facially constitutional, a plaintiff cannot bring a free-speech challenge by claiming that the lawmakers who passed it acted with a constitutionally impermissible purpose.'" The 46 year old Orlando-born Republican Judge was appointed by President Donald Trump in 2019.

Last year, DeSantis and CFTOD filed a motion to dismiss Disney's federal lawsuit, in which the entertainment giant claimed that there 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."

Lawyers for DeSantis and CFTOD have argued that it doesn't matter if the governor's actions were in retaliation, with Disney lawyers taking the opposite position.

Judge Winsor has issued his ruling today saying, "This case was resolved on motions to dismiss. Plaintiff's claims against the Governor and the Department Secretary are dismissed without prejudice for lack of subject matter jurisdiction. Plaintiff's claims against the Central Florida Tourism Oversight District board members are dismissed on the merits for failure to state a claim."

Notably, the ruling does suggest that Disney may have standing to sue the Central Florida Tourism Oversight District board members. While the court dismissed Disney's claims against Florida Governor Ron DeSantis and the Secretary of Florida's Department of Commerce due to lack of standing, it acknowledged that Disney has demonstrated sufficient standing to bring a claim against the CFTOD Defendants.

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."

You can read the judge's full findings here.

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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.

Brian7 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.

mkt7 days ago

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

pdude817 days ago

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

Brian7 days ago

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

pdude817 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.

lazyboy97o7 days ago

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

flynnibus7 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.

UNCgolf7 days ago

That seems wildly optimistic.

flynnibus7 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.