DeSantis, tourism district argue for dismissal of Disney lawsuit
Gov. Ron DeSantis’ tourism oversight board fired back against Disney on Wednesday, arguing that the court should either abstain from or dismiss the entertainment giant’s federal lawsuit.
Disney’s allegations that Florida violated its First Amendment rights by overhauling Disney World’s special government district are “meritless,” lawyers for the Central Florida Tourism Oversight District wrote in a legal brief.
“The Constitution … does not entitle Disney to a local government that functions essentially as the Company’s wholly owned subsidiary, nor does it grant Disney a right to undermine the State’s attempt to end that corrupting arrangement,” they wrote.
In a separate filing on Wednesday, DeSantis’ lawyers argued Disney lacked the legal standing to sue the governor, and he should be dropped from the suit or the claims dismissed entirely.
Disney filed the federal lawsuit in April, alleging DeSantis and state officials engaged in a “targeted campaign of government retaliation.”
The feud between DeSantis and Disney started last year when Disney opposed legislation critics called the “don’t say gay” bill, which limited classroom instruction in public schools on sexual orientation and gender identity.
Disney did not immediately respond to a request for comment on Wednesday.
Federal courts should abstain from the case because it involves matters of state law, the district’s lawyers argued.
The tourism oversight district filed a lawsuit in state court shortly after Disney’s federal lawsuit, involving questions over development agreements. Those agreements, passed by the previous Reedy Creek Improvement District ahead of a state takeover, preserved Disney’s control over development in Central Florida.
Earlier this year, the Legislature gave DeSantis the power to pick the district’s five board members, upending an arrangement that essentially allowed Disney to self-govern its theme parks and resorts in Central Florida.
When the new DeSantis-appointed board took over, it discovered the agreements and declared them void.
Last month, a state judge rejected Disney’s attempts to get the state lawsuit dismissed.