Disney lawsuit against Ron DeSantis alleging political retaliation dismissed
This article is more than 1 month oldJudge Allen Winsor dismissed case against Florida governor and state board in which company says it’s being punished for its views
Walt Disney is planning to appeal its case after a federal judge on Wednesday dismissed its lawsuit against the Florida governor, Ron DeSantis, and members of a state board for allegedly retaliating after the company criticized what has become known as Florida’s “Don’t Say Gay” law, according to a court filing.
“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,” a Disney spokesperson said. “This is an important case with serious implications for the rule of law and it will not end here.”
In his ruling, Allen Winsor, the US district judge in Tallahassee, Florida, sided with DeSantis and the other defendants, agreeing with their argument that Disney could not sue them over a constitutionally enacted state law, regardless of whether lawmakers had passed the law with intent of retaliation.
While the first amendment prohibits government officials from retaliating against protected speech, a plaintiff – in this case, Disney – cannot bring a free-speech challenge to an otherwise constitutional law based on lawmakers’ subjective motivations, he wrote.
Winsor, who was nominated by then president Donald Trump in 2019, also wrote that Disney lacked standing to sue the governor or the secretary of commerce.
The dispute began after Disney publicly criticized Florida’s 2022 Parental Rights in Education Act, which restricts classroom discussion of LGBTQ+ issues in public schools, and has been widely labeled as the “Don’t Say Gay” law.
“We are dedicated to standing up for the rights and safety of LGBTQ+ members of the Disney family, as well as the LGBTQ+ community in Florida and across the country,” Disney said in a March 2022 statement, arguing the measure “should never have passed and should never have been signed into law”.
Disney leadership had previously come under sharp criticism from employees and fans for not initially speaking out against the bill, despite employing tens of thousands of people in Florida.
In April 2022, DeSantis held a press conference calling on Florida’s Republican-controlled legislature to pass a law that would strip Disney of its control over the special development district that since 1967 had given the company virtual autonomy around its theme parks, including the Walt Disney World Resort. State lawmakers complied within hours, in what was immediately denounced by Democrats as politically motivated punishment.
The newly formed, DeSantis-appointed district, known as the Central Florida Tourism Oversight Board, then voided contracts that Disney pushed through just before the prior board was replaced.
DeSantis would go on to repeatedly attack what he termed “woke Disney” in public appearances as he geared up for his campaign for the Republican presidential nomination, an effort he abandoned earlier this month.
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Disney responded by suing the governor and board members for allegedly punishing the company for its political comments.
The new board shot back by asking a state court judge to declare prior agreements, which were favorable to Disney and limited board action for decades, improper and void. That case is still pending.
The continuing dispute between DeSantis and Disney has put a spotlight on how the powerful entertainment company has operated in Florida for decades. Disney allegedly gave the previous board and its employees millions of dollars’ worth of tickets, discounted hotel stays and other benefits that were “akin to bribes of public officials”, according to a report issued by the new board in early December.
In a statement, a spokesperson for DeSantis celebrated the decision, saying that “The Corporate Kingdom is over”, and that “the days of Disney controlling its own government and being placed above the law are long gone”.
Reuters contributed to this report
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