Disney aims to focus federal lawsuit against DeSantis on First Amendment claims.
Disney Seeks to Narrow Lawsuit Against Gov. Ron DeSantis to Free Speech Violations
Lawyers for Disney are making a strategic move in their lawsuit against Gov. Ron DeSantis (R-FL) and the board of the district encompassing the Walt Disney World Resort. They are now focusing on alleged free speech violations, aiming to withdraw their initial claims and hone in on the fifth claim.
Disney’s Allegations
The fifth claim in the complaint asserts that the defendants infringed on Disney’s free speech rights by retaliating against the company for expressing its views on the Florida Parental Rights in Education law in 2022.
In their filing, Disney argues that the first four claims should be withdrawn without prejudice due to ongoing litigation in the state court regarding contract-based claims.
“This federal case will therefore address only the current Fifth Cause of Action, not at issue in the state court case: Disney’s First Amendment challenge to the retaliatory reconstitution of the Reedy Creek Improvement District,” the filing explains.
However, Judge Allen Winsor rejected Disney’s motion on procedural grounds, advising them to refile the motion after conferring with the defendants and complying with the Local Rules.
This move to narrow the scope of the federal lawsuit follows Disney’s unsuccessful attempt to dismiss the state lawsuit filed by the Central Florida Tourism Oversight District. The state lawsuit directly addresses the legality of the agreements mentioned in the first four claims of the federal lawsuit.
In April, Disney filed the lawsuit against Gov. Ron DeSantis, acting Secretary of the Florida Department of Economic Opportunity Meredith Ivey, and the Central Florida Tourism Oversight District board in the U.S. District Court for the Northern District of Florida. The company alleges that there has been a “relentless campaign to weaponize government power against Disney in retaliation for expressing a political viewpoint unpopular with certain State officials.”
The alleged ”weaponization” by DeSantis stems from his signing legislation to restructure the district encompassing the Walt Disney World Resort, increasing state oversight. The lawsuit was filed after an agreement between Disney and the previous board, which aimed to limit the state’s power in the district, was declared void.
While DeSantis and other state defendants are seeking to have the lawsuit dismissed, the Central Florida Tourism Oversight District board’s counter-lawsuit continues in state court.
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