Judge considers whether to throw out Disney lawsuit against DeSantis
TALLAHASSEE — A federal judge on Tuesday considered arguments about whether Disney’s lawsuit against the state in its feud with Gov. Ron DeSantis should be tossed out.
The company is alleging the state unconstitutionally retaliated against the company because of its opposition to the so-called “don’t say gay” law.
U.S. District Judge Allen Winsor was considering motions by the DeSantis administration and the Central Florida Tourism Oversight District to dismiss the lawsuit, which stems from the state taking over the Reedy Creek Improvement District that for decades gave Disney World self-governing power.
Winsor said he would issue a ruling within the “next couple weeks.”
DeSantis clashed with Disney after the company’s leaders in 2022 spoke out against a law restricting instruction on sexual identity and gender orientation in schools, which was derided by critics as “don’t say gay.”
At the governor’s direction, the Republican-controlled Legislature replaced the district with the Central Florida Tourism Oversight District, whose board members are appointed by DeSantis.
Disney’s lawsuit alleges the changes punished the company for political speech and violated the First Amendment.
But lawyers for the governor and the Central Florida Tourism Oversight District board disagreed Tuesday.
“These laws are, on their face and in substance, ordinary, standard, regulatory provisions that regulate, what? They regulate special districts. They don’t even regulate directly Disney,” attorney Charles Cooper, who represents the Central Florida Tourism Oversight District board, told Winsor. “That dooms their free speech claim.”
David Costello, a state deputy solicitor general, urged Winsor to dismiss DeSantis and Florida Department of Commerce Secretary Alex Kelly as defendants in the case.
But Daniel Petrocelli, who represents Disney, told Winsor that the governor is “front and center” in the retaliation against Disney.
DeSantis, who is seeking the Republican nomination for president in 2024, has made the battle with Disney a frequent talking point as he travels the country and spars with GOP opponents.
DeSantis targeted Reedy Creek after Disney issued a statement vowing to fight the 2022 education measure.
“Our goal as a company is for this law to be repealed by the Legislature or struck down in the courts, and we remain committed to supporting the national and state organizations working to achieve that,” the company said in a March 2022 statement.
Jonathan Hacker, another attorney for Disney, told Winsor during Tuesday’s hearing that the law unconstitutionally retaliated against Disney for expressing a political viewpoint.
“This is as clear a case of retaliation against protected speech as the court will ever see,” Hacker said.