In the latest chapter of the saga, Florida Governor Ron DeSantis has filed a motion to have the lawsuit filed against him by the Walt Disney Company claiming that the actions taken against the Reedy Creek Improvement District are in retaliation to their stance on his “Don’t Say Gay” bill dismissed.
What’s Happening:
- Florida State Governor Ron DeSantis has filed a new motion in the ongoing battle against The Walt Disney Company and Walt Disney World, seeking to dismiss the lawsuit filed against him personally claiming that they have no basis for suing him in federal court over actions taken to reform the Reedy Creek Improvement District.
- Attorneys for Gov. Ron DeSantis and Meredith Ivey, the secretary for the Florida Department of Economic Opportunity, filed a motion to dismiss earlier today, claiming the governor doesn’t personally enforce any of the laws in the issue, therefore he can’t be sued.
- The ongoing battle between the Governor and Walt Disney World is generating headlines worldwide, as Disney is suing DeSantis, the DEO secretary and the board of the newly-formed Central Florida Tourism Oversight District (CFTOD), claiming the defendants violated the company’s constitutional rights in the Contract Clause, the Takings Clause and due process in reorganizing the Reedy Creek Improvement District and nullifying the district’s deal to hand over a substantial amount of power to Disney before the state passed the law that created the CFTOD.
- Disney also claims that these actions were retaliatory and violated the company’s First Amendment rights, stemming because The Walt Disney Company spoke out against the governor and the Florida Legislature in the passage of the Parental Rights in Education law, which is more commonly referred to as the “Don’t Say Gay” bill.
- Attorneys familiar with the matter are saying that Disney won’t be able to show that DeSantis and Ivey have the ability to enforce the laws that Disney challenged, because the laws do not endow either with any power, Even though the governor has the power to name members to the CFTOD or suspend them for failing to follow his law. They also say that even though DeSantis signed the law, it doesn’t mean he personally is enforcing it.
- The attorneys also say that DeSantis and Ivey have sovereign immunity, as well as legislative immunity, even against claims of retaliation and First Amendment violations.
- The lawsuit from Disney also names persons on the CFTOD board, which will reportedly be filing their own motion to have the lawsuit dismissed, though it is unknown at this time when that will occur.
- You can read the full motion to dismiss here.