Republican Florida AG demands documents from former Reedy Creek board

By James On Mar 31, 2023

Florida’s top lawyer has joined the war between Disney and Gov. Ron DeSantis, a day after news broke that the company’s previous board swiftly attacked them by passing restrictive covenants that stripped the new board of power.

Attorney General Ashley Moody’s chief of staff, James Percival, sent a letter Thursday to former Reedy Creek Improvement District board members demanding copies of all voting-related communications. However, legal experts now say the order “cannot be challenged.”

“Please limit your search to documents that discuss the intent or purpose of circumventing, avoiding, thwarting, mitigating, or attempting to avoid the effects of the anticipated actions of the Florida Governor and the Florida Legislature,” the letter read according to The Orlando Sentinel.

Disney used an obscure legal clause naming checks to King Charles III to strip DeSantis’ oversight board of its power during a February 8 vote.

Despite the subterfuge, DeSantis has remained upbeat. “There are a lot of little swings now with the state taking over, but rest assured, you haven’t seen anything yet,” he told a crowd in Georgia on Sunday.

Florida AG Moody is loyal to DeSantis and supporter of former President Donald Trump

Ron DeSantis teased that Disney may not have had the last laugh in their bitter battle

The so-called ‘Royal Clause’ is used by lawyers to avoid rules against contracts that last in perpetuity

The Reedy Creek Improvement District spans nearly 40 square miles and includes the entire Walt Disney World Resort. It will be renamed the Central Florida Tourism Supervisory District under the new bill.

Governing boards, like Reedy Creek, must act in the public interest, deliberate publicly, and hold meetings with reasonable notice to the public, in accordance with Florida’s Sunshine Law.

Violations of the law can void actions taken by the boards and members can be fined up to $500 and/or spend 60 days in jail.

In a statement, Disney said all of the deals were legitimate and entered into in public.

“All agreements signed between Disney and the District were appropriate, and were discussed and approved in public forums open and reported in accordance with the Sunshine law of the Government of Florida,” the statement said.

Florida AG Moody’s is a DeSantis loyalist and a supporter of former President Donald Trump.

The little-known ‘real lives clause’ used to circumvent laws that last in perpetuity, dating back to 17th century Britain.

A contractual clause dating back to 17th-century Britain, the restriction calls for covenants to be tied to the lifespan of a person living at the time the guideline is signed, plus 21 years.

Named for the British royal family because information about their bloodline is easily found availablethe legal concept was created to circumvent laws that last in perpetuity, and mmaximizes the possible time that trusts can subsist.

Besidesthe family was also chosen to represent the concept due to the “better available healthcare and longer life expectancy of a member of the royal family compared to a non-royal one,” the Birketts law firm explained.

The clause became part of the common law contract wording in 1692, in response to harsh legal precedent seen at the time in property laws.

Those laws have, over the centuries, been largely rectified, but the Royal Lives clause remains, although its use, particularly in the US, is somewhat rare.

In the case of the Central Florida Tourism Supervisory District, the time period to which it belongs, if not overturned, could be prolonged, with Charles’s youngest living descendant, Princess Lilibet, just one year old.

If not annulled, the pact will remain in force for more than 20 years after the death of the last surviving Carlos heir at the time of its signing.

The five new supervisors were appointed by the Republican governor to the board after the Florida Legislature reviewed Disney’s governance in retaliation for the entertainment giant’s public opposition to so-called ‘Don’t Say Gay’ legislation banning orientation instruction. sexuality and gender identity in kindergarten. through third grade, as well as lessons deemed inappropriate for the age.

Jake Schumer, a city attorney with the Orlando law firm of Shepard, Smith, Kohlmyer & Hand, said WESH that the new DeSantis-appointed board has its ‘hands tied’ on how they can use their own land thanks to the previous board’s moves.

‘So you can’t build a building higher than four stories. You have to talk to Disney before you build anything on their property and that’s pretty extraordinary,” Schumer said.

Schumer went on to say that a challenge from the new board would likely have to go all the way to the Supreme Court, which could take up to five years, unless an agreement is reached beforehand.

He also said taxpayers shouldn’t worry about a lengthy legal battle, as Disney will pay the board’s legal fees through company taxes.

In a separate interview with the Miami Herald, Schumer said the new board is still responsible for “basically keeping the lights on, keeping the roads moving.”

Under the terms of the agreement, the district is prohibited from using the name ‘Disney’ or any symbol associated with the theme park complex without permission from the company, nor may it use the likeness of Mickey Mouse, other Disney characters, or other intellectual property. in any way.

The company can sue for damages for any violation, and the agreement is in effect in perpetuity, according to the statement.

Sensationally, the dossier states that the provisions will remain in force until ’21 years after the death of the last surviving descendant of King Charles III, King of England living at the date of this statement.’

This ‘last survivor’ is one-year-old Princess Lilibet of Sussex, who lives in California.

Lawyers use the so-called ‘Royal Clause’ to avoid rules against contracts that last in perpetuity. The British royals were selected because information about their family tree is readily available and because the family generally has a “longer life expectancy,” according to the Bricketts law firm.

Members of the Central Florida Tourism Supervisory District, handpicked by the governor to oversee Disney’s special autonomous district, said the deal made by the former board members has left them effectively powerless.

Perhaps most sensational, the deal hinges on a bizarre loophole referencing King Charles III, who says that even if the deal is found to violate rules against perpetuity, it will still be in effect 21 years after the last two have died. surviving descendants of the British monarch.

DeSantis’ ‘Don’t Say Gay’ legislation is behind battle with Disney

It is an alternative. They had a little fun,” Schumer told the Herald.

Another legal expert, JC Planas, who lectures on the Disney district, told the Herald: “A development order like this cannot be challenged.”

‘There is no position on behalf of the governor. There is no representation on behalf of the new board. The only ones standing are the residents because it’s a development deal,’ he continued.

By taking on Disney, DeSantis enhanced his reputation as a culture warrior willing to battle perceived political enemies and wield state government power to achieve political goals, a strategy that is expected to continue ahead of his potential White House run. .

The new supervisors replaced a board that had been controlled by Disney for the previous 55 years that the government operated as the Reedy Creek Improvement District.

The new board members held their first meeting earlier this month and said they found out about the deal after their appointments.

“We’re going to have to deal with it and get it right,” board member Brian Aungst said Wednesday. ‘It is a subversion of the will of the voters and the Legislature and the Governor. He completely circumvents the authority of this board to govern.’