TALAHASSEE, Fla. — Lawyers for Gov. Ron DeSantis are asking a federal judge Tuesday to dismiss a free speech lawsuit filed by Disney after Florida's governor took over Walt Disney World's government district in retaliation for the company opposing a state law that banned classroom lessons on sexual orientation and sexual orientation. gender identity in the early grades.
The scheduled hearing marks the first time oral arguments will be held in federal court in Tallahassee on Disney's claim that DeSantis used state powers to punish the entertainment giant in violation of the First Amendment. The governor's lawyers argue the case should be dismissed, claiming DeSantis is immune because he isn't enforcing any of the laws that have stripped Disney supporters of government control.
Any decision U.S. District Judge Allen Winsor makes could determine who controls the administrative district that carries out municipal services such as planning, mosquito control and fire suppression in the roughly 60 square miles of central Florida that make up Disney World. Winsor was appointed to the bank by President Donald Trump in 2019.
Disney and DeSantis appointees are also battling a lawsuit in state court in Orlando over control of the district.
DeSantis has argued that the federal lawsuit should be dismissed because Disney lacks standing to bring it. Neither the governor nor the secretary of the Florida Department of Economic Opportunity, who is also named in the lawsuit, have the power to enforce the laws passed to renew the Disney World government and take control of the to shift governance of the district from Disney supporters to the governor's appointees, according to DeSantis.
Also named in the federal lawsuit are the district board members that DeSantis appointed earlier this year.
In asking the judge to deny DeSantis' dismissal request, Disney has accused DeSantis and his appointees of using political institutions to punish unfavorable views.
“This premise is not only legally unsupported, it is completely un-American,” Disney said in the lawsuits.
The feud between DeSantis and Disney began last year after the entertainment giant publicly opposed the state's so-called “don't say gay law.” The law was championed by DeSantis, who is running for the Republican Party's 2024 presidential nomination. In retaliation, DeSantis and Republican lawmakers passed legislation earlier this year that took over the district that Disney controlled for more than 50 years and removed five board members installed those who were loyal to the governor.
Since the takeover, more than 10% of the district's 370 employees have left their jobs, with many saying in exit interviews that the district has become politicized and now steeped in cronyism.