Disney cites recent Ron DeSantis gloating as more evidence of a targeted campaign of government retaliation against Disney's free speech

May 08, 2023 in "The Walt Disney Company"

Posted: Monday May 8, 2023 12:49pm ET by WDWMAGIC Staff

The Walt Disney Company has updated its lawsuit against Florida Governor Ron DeSantis and the Central Florida Tourism Oversight District to include the most recent strikes against the theme park giant.

Disney opens the revised complaint with a quote from DeSantis made on May 5, "[T]his all started, of course, with our parents' rights bill." This statement refers to Disney's claim that it is being unfairly punished for speaking out against the DeSantis bill, known by opponents as "Don't Say Gay."

Disney says, "There is no room for disagreement about what happened here: Disney expressed its opinion on state legislation and was then punished by the State for doing so."

The lawsuit then moves on to mention some of the recent DeSantis and Oversight District moves to nullify existing Reedy Creek agreements through the Florida legislature.

The State's actions over the last two weeks are the latest strikes.

At the Governor's bidding, the State's oversight board has purported to "void" publicly noticed and duly agreed development contracts, which had laid the foundation for billions of Disney's investment dollars and thousands of jobs. Days later, the State Legislature enacted and Governor DeSantis signed legislation rendering these contracts immediately void and unenforceable. These government actions were patently retaliatory, patently anti-business, and patently unconstitutional. But the Governor and his allies have made clear they do not care and will not stop. The Governor recently declared that his team would not only "void the development agreement"—just as the State has now done, twice—but also planned "to look at things like taxes on the hotels," "tolls on the roads," "developing some of the property that the district owns" with "more amusement parks," and even putting a "state prison" next to Walt Disney World. "Who knows? I just think the possibilities are endless," he said.

Quoting a recent boast by DeSantis, Disney continues:

"Indeed, just days ago, reaffirming the unequivocal intent of his retribution campaign and trumpeting its perceived success, Governor DeSantis openly celebrated: "Since our skirmish last year, Disney has not been involved in any of those issues. They have not made a peep." This is as clear a case of retaliation as this Court is ever likely to see. At the Governor's behest, the State Legislature first voted to dissolve the long-standing RCID, then ultimately voted to give near-complete control of RCID to the Governor himself. As the Florida representative who introduced the Reedy Creek dissolution bill declared to the Florida House State Affairs Committee: "You kick the hornet's nest, things come up. And I will say this: You got me on one thing, this bill does target one company. It targets The Walt Disney Company."

You can read the complete text of the updated complaint here.

In the lawsuit, Disney asks the Court to:

  • Declare that the Legislative Declaration is unlawful and unenforceable because it abrogates Disney’s rights in violation of the Contracts Clause;
  • Declare that the Legislative Declaration is an unlawful taking of Disney’s property rights without payment of just compensation in violation of the Takings Clause;
  • Declare that the Legislative Declaration is unlawful and unenforceable because it was an arbitrary and irrational voiding of the Development Agreement and Restrictive Covenants in violation of the Due Process Clause;
  • Declare that the Legislative Declaration is unlawful and unenforceable because it was enacted in retaliation for Disney’s speech in violation of the First Amendment;
  • Declare that the Contracts remain in effect and enforceable;
  • Declare that Senate Bill 4C and House Bill 9B are unlawful and unenforceable because they were enacted in retaliation for Disney’s political speech in violation of the First Amendment;
  • Issue an order enjoining Defendants from enforcing the Legislative Declaration;
  • Issue an order enjoining Defendants from enforcing Senate Bill 4C and House Bill 9B;
  • Award Plaintiff its attorney’s fees and costs; and

The next board meeting of the Central Florida Tourism Oversight District is on May 10 2023.

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mkt12 hours ago

I already said aligned, don’t make me pull out any more MBA buzzwords

JoeCamel1 day ago

Waaa? No flywheels?

mkt1 day ago

I'd take it as an indication of infrastructure improvements aligned to potential new construction. Similar to the road construction and electrical infrastructure put in place across town before Epic Universe was announced.

AJFireman1 day ago

It was sent to the Palm Springs Air Museum for an interior restoration. There were many articles after D23 when that happened. Here is the article posted to the Company website and yes its open to the public. Also the PS Air Museum just made a post about it 6 days ago on their social media accounts. https://thewaltdisneycompany.com/disney-announces-restoration-and-recreation-of-the-interior-of-walt-disneys-plane-to-its-1960s-design/ Here are some pics of the interior stripped. Couldnt find anything about how far along they are with the restoration. https://palmspringsairmuseum.org/restorations/

JKick951 day ago

Right. That makes sense. I was just curious to whether or not some comments should be read into as a positive sign of good things to come. For example yesterday RCES commented “property expansions are coming” and therefore their organization is concerned and partnering with outside agencies. The board and/or district administrator (I forgot specifically what was said) kind of said something along the same lines.

mkt1 day ago

They likely know at a high level what they are as well as projections of the impacts to the district in order to allow them to prepare. But I doubt that they’re sharing WDI concept art, simulations, moodboards, renderings, etc with the board that not long ago was actively working against Disney.

Monorail_Red_771 day ago

When Walt's Plane was moved from WDW over to CA for the last D23 event. I wondered what would happen to it after the exterior refurb, etc. Well a few days ago I came across a vlogger doing a video on a random Air Museum and surprisingly Walt's Plane is now on loan to the Palm Springs Air Museum. on the Palm Springs Air Museum site it is listed simply as Grumman G-159 Gulfstream. But, the video shows the plane on exhibit outside and then shows some of the same interior items from D23 also on display.

Rosso112 days ago

I would imagine they need to be very much in the loop with Disney’s plans. Most of the infrastructure for major projects begins first with Reedy Creek. For example if the rumors are true much of the reason for all of the work on Floridian Way over the last few years is because Disney plans to develop more land north of the Grand Floridian. Reddy Creek needs to know these things in order to allocate time and funds for these projects.

JKick952 days ago

How much about Disneys plans do they know? Should we take their comments as a positive of things to come?

Stripes2 days ago

There was a lot of focus in the meeting on Disney’s plans to significantly increase investment and that these increased investments are going to require significant infrastructure projects to meet the needs of these Disney investments. The district administrator stressed that the district needs to prepare. RCES (a Disney subsidiary) also mentioned that they have been making changes to staffing structure and bulking up to prepare for Disney’s “upcoming property expansions.”

Batman'sParents2 days ago

There is a budget workshop on August 24, 2024.

Batman'sParents2 days ago

Today is the first time the Board has gone over the proposed 2025 Millage Rates. There is a lot of talk regarding investment in the district by taxpayers like Disney, Disney Springs operators, and hotel operators and the conversations they are having with them. Given the ongoing and future investments needed in the district, in terms of setting the operating millage rate, there appears to be some support for option 1 and option 2: Option 1: Set the Proposed Millage Rate to 14.40 mills. (Debt Service 4.17 mills/Operating 10.23 mills) This raises the Debt Service as needed and raises the Operating millage to fund a 5% increase in expenditures over the Fiscal Year 2023 millage rate. Option 2: Set Proposed Millage Rate to 13.90 mills. (Debt Service 4.17 mills/Operating 9.73 mills) This raises the Debt Service rate as needed and allocates the remaining millage to Operating. This returns the millage rate to the same rate as Fiscal Year 2023. The members of the Board were stressing this is not the final set rate and it can be lower. There appears to be more of a consensus that they want a lower rate, but want all available options. There was a slight hesitation between the members of the Board in choosing what options to set, notably, Board Members Barakat and Aungst were in more in favour of option 1, and board members Peri, Ziegler, and Mateer were more in favour of option 2. After taking a vote to adopt option 1 failed by a vote of two to three, they adopted option 2. BOS Packet: https://www.oversightdistrict.org/wp-content/uploads/2024/06/BOS-Meeting-7-24-24-Draft-Agenda-Packet-PUBLIC.pdf The proposed rates and options are on the second to last page.

StripesJun 18, 2024

What? The new development agreement is based on the existing 2020 Comprehensive plan. There’s just a blurb in there that the district and Disney will amend the agreement in order to give Disney even more development rights once the new comprehensive plan is effective.

mktJun 18, 2024

They are not. And the politization of day to day is affecting morale across the other civil servants. I personally know of two ex-RCID/current-CFTOD employees that are taking an early retirement and starting the same job with a different private or public sector enterprise in the area.