ORLANDO, Fla. — Disney hopes a recent decision supporting a Florida plaintiff’s First Amendment case against Gov. Ron DeSantis will bolster its own free speech lawsuit against the governor.
A decision last week by a three-judge panel of the 11th U.S. Circuit Court of Appeals, which revived a First Amendment appeal by former prosecutor Andrew Warren, who was suspended by DeSantis, could revive Disney’s arguments against the governor, the company said in a court filing on Thursday.
“The same values are at stake here,” Disney said.
After DeSantis and the Republican-led Legislature took control of Walt Disney World’s governing district near Orlando, Walt Disney Parks and Resorts filed a First Amendment lawsuit last year in federal court in Tallahassee against DeSantis and his appointees on the district board of directors. Before DeSantis appointed the new members to the board, it had been controlled by Disney supporters for more than five decades.
Disney claims its free speech rights were violated in retaliation for the company opposing the state’s new so-called Don’t Say Gay law, which bans classroom lessons about sexual orientation and gender identity in early grades. The law was championed by DeSantis, who is seeking the Republican nomination to run for president.
The governor’s lawyers have argued that the case should be dismissed, claiming that DeSantis is immune because he is not enforcing any of the laws that have stripped Disney supporters of government control.
A judge’s decision on whether to dismiss the case could help determine who controls the Central Florida Tourism Oversight District, which carries out municipal services such as planning, mosquito control and fire suppression across the roughly 60 square miles in central Florida . what makes up Disney World.
In response to Disney’s lawsuit last week, DeSantis’ appointees argue that the Tampa plaintiff’s free speech rights are different from Disney’s lawsuit. The plaintiff’s case focused on actions by the governor, while Disney’s lawsuit involves legislation passed by the Legislature, the appointees said in a court filing.
“As opposed to challenging the unilateral action of one official, Disney is challenging laws enacted by a majority of lawmakers in both houses of the Florida Legislature and passed by both of Florida’s political branches,” the appointees said.
In its ruling last week, the appeals court panel sent Warren’s case back to a judge in Tallahassee to determine whether the governor’s suspension improperly targeted statements Warren signed along with other prosecutors stating he opposed certain legislation to criminalize abortion and gender-affirming health care.
DeSantis cited these advocacy statements in his August 2022 suspension of Warren, a Democrat whom the governor replaced with Republican Suzy Lopez as the Tampa-based state attorney.
After his victory at the appeals court last week, Warren’s lawyers asked for the case to be concluded quickly so he can decide whether to seek re-election as prosecutor. Warren’s attorneys have asked appellate judges to expedite deadlines for any subsequent filings and immediately send the case back to a federal judge in Tallahassee for a final decision. If the judge rules in Warren’s favor, he could get his job back as a prosecutor.
“One year remains in Mr. Warren’s term, and it should not be consumed by unnecessary delays in legal proceedings,” his lawyers wrote.
The 11th Circuit ordered DeSantis’ attorneys to respond to the request by Wednesday.
Disney and DeSantis board members are also involved in a lawsuit over control of the district.
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Associated Press writer Curt Anderson in St. Petersburg, Florida, contributed to this report.
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Follow Mike Schneider on X: @MikeSchneiderAP