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Disney’s Lawsuit Against Central Florida Tourism Oversight District Dismissed by Judge




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Disney’s Lawsuit against Florida Governor DeSantis Dismissed by Federal Judge

Published: April 20, 2023

Written by: John Doe

Disney’s Claims “Fail on the Merits”: Federal Judge

In a significant development, a federal judge ruled today that Disney’s claims against members of a special improvement district’s board have “failed on the merits.” Judge Winsor cited federal appeals court rulings, which state that if a law is constitutionally valid on its face, a plaintiff cannot sue on free-speech grounds by arguing that the lawmakers acted with an impermissible purpose.

Central Florida Tourism Oversight District and Disney

Disney has held effective control over the district’s board since 1967. However, last year, the Florida legislature enacted substantial changes that resulted in the renaming of the district and a shift in the process of choosing board members. These changes now require the governor’s involvement, with the state Senate confirming the selections.

Under the new structure, the Central Florida Tourism Oversight District (CFTOD) voted to revoke development contracts that Disney had previously secured through its precursor, the Reedy Creek Improvement District.

Alleged Retaliation for “Don’t Say Gay” Bill

Disney stood at odds with the defendants after openly criticizing a legislation named the “Don’t Say Gay” bill in 2022. The disputed bill, now a law, restricts conversations on sexual orientation and gender identity within school classrooms. Disney accused the defendants of retribution by influencing the board changes in response to its opposition to the bill.

DeSantis and Defendants Seek Dismissal

Florida Governor DeSantis and the other defendants requested the judge to dismiss Disney’s lawsuit. The suit was originally filed in the U.S. District Court in Tallahassee.

The Judge’s Ruling

Judge Winsor ruled against Disney’s claim of injuries caused by Governor DeSantis through the appointment of board members to CFTOD. Winsor clarified that Disney must demonstrate an imminent future injury when seeking injunctive relief. The judge emphasized that Disney failed to allege any forthcoming appointments that would harm the company. He suggested that the situation would remain the same even if the court enjoined future appointments.

Furthermore, the judge deemed that Disney lacked standing to sue the Commerce Department secretary. Winsor highlighted that Disney failed to establish any injury attributable to the secretary’s responsibilities. The maintenance of the Official List of Special Districts, regulated by the secretary, does not affect the authority of CFTOD, according to the ruling.

Disney Intends to Continue Fighting

A Disney spokesperson spoke on the matter, expressing the company’s commitment to pursuing the case. They stated that if the ruling goes unchallenged, it would set a potentially dangerous precedent, allowing states to misuse their powers to penalize political expression they oppose. The spokesperson emphasized the significance of the case, citing its profound implications for the rule of law.

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