DeSantis board reacts to Disney’s lawsuit dismissal motion.
Lawyers for Central Florida Tourism Oversight District Respond to Disney’s Motion to Dismiss
Lawyers representing the Central Florida Tourism Oversight District board have filed a response to Disney’s motion to dismiss its counter-lawsuit in state court. The board, appointed by Gov. Ron DeSantis (R-FL) during the district’s restructuring in February, has labeled Disney’s motion as “classic imagineering” by the entertainment giant.
Disney’s Motion: A Flight of Fancy
“Disney’s motion is classic imagineering, inviting the court to make believe that reality is whatever Disney dreams up,” the filing from June 19 said.
The board’s lawyers argue that the lawsuit is not moot, contrary to Disney’s claim in its motion to dismiss. They assert that ruling on the validity of the agreement will impact the ongoing federal lawsuit, where Disney alleges a breach of contract. Additionally, the board contends that the court should not stay the case under the priority rule, emphasizing that the state court holds original jurisdiction over the federal court.
The lawsuit, filed by the board in the Circuit Court of the 9th Judicial Circuit in Orange County, Florida, accuses Disney of attempting to challenge “people’s sovereignty.” It further alleges that the company’s “puppet government” crafted an agreement that violated “Florida constitutional, statutory, and common law.”
Disney filed a motion to dismiss the lawsuit on May 16, arguing that any ruling in this case would be “meaningless.”
“A ruling in CFTOD’s favor would be pointless, and a ruling in Disney’s favor would be meaningless,” Disney lawyers said in the May filing. “Under the Florida Constitution, trial courts have no power to issue opinions that are at best advisory and lack any real-world effect on the parties’ rights. The case should be dismissed as moot.”
The first hearing for the state lawsuit is scheduled for July 14.
Gov. DeSantis restructured the previous Reedy Creek Improvement District with legislation he signed in February, placing it under increased state oversight. Since 1967, Disney had maintained autonomy over the district, which encompasses its Florida resort.
Following the unanimous approval by the Central Florida Tourism Oversight District to declare an agreement designed to undermine the new board’s authority as void, Disney filed a lawsuit against DeSantis, the board, and state officials. Disney alleges a “relentless campaign to weaponize government power against Disney in retaliation for expressing a political viewpoint unpopular with certain State officials.”
Lawyers representing the defendants in Disney’s lawsuit, filed in the U.S. District Court for the Northern District of Florida, have submitted a motion to dismiss. They argue that DeSantis and acting Secretary of the Florida Department of Economic Opportunity, Meredith Ivey, are immune from the lawsuit.
Disney has until July 26 to respond to the defendants’ motion to dismiss the lawsuit in federal court.
The feud between DeSantis and Disney, which led to the restructuring of Disney’s central Florida district, originated from Disney’s opposition to the Parental Rights in Education Act, signed into law by DeSantis last year.
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