DeSantis requests dismissal of Disney’s lawsuit, claims lack of standing.

Florida Governor Ron DeSantis Fights Back Against Disney Lawsuit

In a bold move, Florida Governor and U.S. presidential candidate Ron DeSantis has filed a motion asking a federal judge to dismiss a lawsuit filed against him by Walt Disney Co. DeSantis argues that the company lacks standing to sue him, citing several precedents, including a case filed against him by the city of Miami.

“We are immune from suit,” DeSantis asserts, seeking the dismissal of Disney’s lawsuit.

The lawsuit stems from a bill passed by Florida state lawmakers that curbs many of Disney’s benefits from its special tax district, known as the Reedy Creek Improvement District (RCID). Disney claims that the state’s actions are a “targeted campaign of government retaliation” in response to the company’s criticism of the state’s controversial Parental Rights in Education Act, also known as the “Don’t Say Gay” bill.

While the RCID was not completely disbanded, the state government renamed it the “Central Florida Tourism Oversight District” (CFTOD) and replaced its board with the governor’s allies. Disney attempted to override the new board’s jurisdiction by striking agreements with the old RCID leadership just before the transition. However, the new CFTOD board declared these agreements void and sued Disney for non-compliance.

DeSantis signed a bill that legally voided Disney’s agreements at the state level, further escalating the dispute.

“Any alleged injuries” from the legislation cannot be traced back to the State Defendants, argues DeSantis in his motion.

The governor’s motion emphasizes that when he signs a bill, he acts in a legislative capacity, not an executive one. Therefore, a plaintiff cannot challenge a law by suing the legislators who enacted it instead of the officials who execute it. The motion also highlights that the governor has no control over the actions of the new CFTOD board, as his sole connection is his authority to appoint its members.

Disney has until late July to respond to the motion. The lawsuit will be overseen by U.S. District Judge Allen Winsor, who previously blocked two lawsuits against the “Don’t Say Gay” bill.