Disney cites Andrew Warren decision in lawsuit against DeSantis

Disney cites Andrew Warren decision in lawsuit against DeSantis

Disney’s lawyers think a court ruling boosting ousted Tampa prosecutor Andrew Warren’s bid to get his job back also will help their lawsuit against Gov. Ron DeSantis.

The entertainment giant’s legal team on Thursday filed a copy of Wednesday’s decision from the Atlanta-based 11th Circuit Court of Appeals, arguing that the same First Amendment protections within it apply to the company’s lawsuit.

Both Disney and Warren, a Democrat, argue they were punished by DeSantis because of their political positions.

DeSantis suspended Warren in August 2022, citing statements Warren had signed opposing efforts to criminalize abortion and gender-transition treatments for children.

U.S. District Judge Robert Hinkle largely agreed that DeSantis’ suspension violated Warren’s First Amendment rights, but he ruled he was powerless to give him his job back.

But a three-judge panel of the 11th Circuit Court of Appeals in Atlanta said the judge could return Warren to office.

“DeSantis argues that even if Warren prevails on the merits of his claim, the district court lacks the authority to reinstate Warren. We reject this argument,” their decision reads. “The Eleventh Amendment permits federal courts to remedy First Amendment violations.”

Appeals court action opens door to possible return to office for State Attorney Andrew Warren

Disney also is citing the First Amendment in its federal lawsuit against DeSantis and state officials. The suit alleges DeSantis targeted Disney because it opposed what critics called the “don’t say gay” law, which limits classroom instruction on sexual orientation and gender identity.

After it took that position, DeSantis and his Republican allies overhauled a special district providing government services to Disney World, replacing five Disney loyalists on the board with five GOP supporters.

The two sides presented arguments last month to U.S. District Judge Allen Winsor.

Lawyers for DeSantis and the Central Florida Tourism Oversight District argued the governor and the Legislature were on firm legal ground to retool a special district, calling the changes “standard, regulatory provisions.”

Disney’s lawyers countered that the move amounted to “as clear a case of retaliation against protected speech as the court will ever see.”

Jeremy Redfern, a DeSantis spokesman, said the ruling in the Warren case sets a “dangerous precedent” that could allow progressive prosecutors to ignore laws they don’t agree with.

Judge considers whether to throw out Disney lawsuit against DeSantis

Disney’s lawyers quoted part of a concurring opinion in the Warren case from Judge Kevin Newsom, who was nominated by former President Donald Trump.

“[F]or the same reason that the government can’t muzzle so-called ‘conservative’ speech under the guise of preventing on-campus ‘harassment’ … the state can’t exercise its coercive power to censor so-called ‘woke’ speech with which it disagrees,” his opinion read.

“The same values are at stake here,” Disney’s lawyers concluded.

Orange-Osceola State Attorney Monique Worrell is also fighting to get her job back with advocates arguing in both federal court and the Florida Supreme Court that DeSantis suspended her for political reasons.

The Associated Press and News Service of Florida contributed to this report. 

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