• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
MENUMENU
MENUMENU
  • Home
  • About
    • Contact Us
    • FlaglerLive Board of Directors
    • Comment Policy
    • Mission Statement
    • Our Values
    • Privacy Policy
  • Live Calendar
  • Submit Obituary
  • Submit an Event
  • Support FlaglerLive
  • Advertise on FlaglerLive (386) 503-3808
  • Search Results

FlaglerLive

No Bull, no Fluff, No Smudges

MENUMENU
  • Flagler
    • Flagler County Commission
    • Beverly Beach
    • Economic Development Council
    • Flagler History
    • Mondex/Daytona North
    • The Hammock
    • Tourist Development Council
  • Palm Coast
    • Palm Coast City Council
    • Palm Coast Crime
  • Bunnell
    • Bunnell City Commission
    • Bunnell Crime
  • Flagler Beach
    • Flagler Beach City Commission
    • Flagler Beach Crime
  • Cops/Courts
    • Circuit & County Court
    • Florida Supreme Court
    • Federal Courts
    • Flagler 911
    • Fire House
    • Flagler County Sheriff
    • Flagler Jail Bookings
    • Traffic Accidents
  • Rights & Liberties
    • Fourth Amendment
    • First Amendment
    • Privacy
    • Second Amendment
    • Seventh Amendment
    • Sixth Amendment
    • Sunshine Law
    • Third Amendment
    • Religion & Beliefs
    • Human Rights
    • Immigration
    • Labor Rights
    • 14th Amendment
    • Civil Rights
  • Schools
    • Adult Education
    • Belle Terre Elementary
    • Buddy Taylor Middle
    • Bunnell Elementary
    • Charter Schools
    • Daytona State College
    • Flagler County School Board
    • Flagler Palm Coast High School
    • Higher Education
    • Imagine School
    • Indian Trails Middle
    • Matanzas High School
    • Old Kings Elementary
    • Rymfire Elementary
    • Stetson University
    • Wadsworth Elementary
    • University of Florida/Florida State
  • Economy
    • Jobs & Unemployment
    • Business & Economy
    • Development & Sprawl
    • Leisure & Tourism
    • Local Business
    • Local Media
    • Real Estate & Development
    • Taxes
  • Commentary
    • The Conversation
    • Pierre Tristam
    • Diane Roberts
    • Guest Columns
    • Byblos
    • Editor's Blog
  • Culture
    • African American Cultural Society
    • Arts in Palm Coast & Flagler
    • Books
    • City Repertory Theatre
    • Flagler Auditorium
    • Flagler Playhouse
    • Flagler Youth Orchestra
    • Jacksonville Symphony Orchestra
    • Palm Coast Arts Foundation
    • Special Events
  • Elections 2024
    • Amendments and Referendums
    • Presidential Election
    • Campaign Finance
    • City Elections
    • Congressional
    • Constitutionals
    • Courts
    • Governor
    • Polls
    • Voting Rights
  • Florida
    • Federal Politics
    • Florida History
    • Florida Legislature
    • Florida Legislature
    • Ron DeSantis
  • Health & Society
    • Flagler County Health Department
    • Ask the Doctor Column
    • Health Care
    • Health Care Business
    • Covid-19
    • Children and Families
    • Medicaid and Medicare
    • Mental Health
    • Poverty
    • Violence
  • All Else
    • Daily Briefing
    • Americana
    • Obituaries
    • News Briefs
    • Weather and Climate
    • Wildlife

Judge Dismisses Disney Lawsuit That Claimed DeSantis Had Retaliated Against the Company

January 31, 2024 | FlaglerLive | 2 Comments

disney loses lawsuit desantis
No standing. (© FlaglerLive)

In a win for Gov. Ron DeSantis, a federal judge Wednesday dismissed a lawsuit alleging that the state unconstitutionally retaliated against Walt Disney Parks and Resorts because of the company’s opposition to a controversial education law.

U.S. District Judge Allen Winsor issued a 17-page ruling that said Disney did not have legal standing to pursue the lawsuit against DeSantis and state Commerce Secretary J. Alex Kelly. He also rejected claims against the Central Florida Tourism Oversight District, which the Legislature and DeSantis created last year to largely govern an area that includes Disney’s Central Florida properties.




In dismissing the claims against the district, Winsor cited legal precedents preventing First Amendment retaliation claims against “facially constitutional” laws. He said the disputed laws do not mention Disney and that their effects would go beyond Disney.

“The laws are directed at a special development district in which Disney operates,” Winsor wrote. “But as Disney acknowledges, it is not the district’s only landowner, and other landowners within the district are affected by the same laws.”

Also, Winsor rejected the idea that he should look at the motivations of lawmakers in passing the changes. He pointed to two precedents from the 11th U.S. Circuit Court of Appeals, which hears cases from Florida.

“At the end of the day, under the law of this circuit, ‘courts shouldn’t look to a law’s legislative history to find an illegitimate motivation for an otherwise constitutional statute.’ Because that is what Disney seeks here, its claim fails as a matter of law,” Winsor wrote.




The lawsuit stemmed primarily from a decision last year by DeSantis and the Republican-controlled Legislature to replace the former Reedy Creek Improvement District with the Central Florida Tourism Oversight District. The decades-old Reedy Creek district was closely aligned with Disney, while DeSantis appoints the new district’s board.

The decision came after Disney officials in 2022 opposed a new state law that restricted instruction about sexual orientation and gender identity in schools. The lawsuit, filed last year, alleged that the state retaliated against Disney in violation of speech rights.

Disney attorneys argued in the lawsuit that it “is a clear violation of Disney’s federal First Amendment rights for the state to inflict a concerted campaign of retaliation because the company expressed an opinion with which the government disagreed” on the education issue.

“Disney regrets that it has come to this,” the lawsuit said. “But having exhausted efforts to seek a resolution, the company is left with no choice but to file this lawsuit to protect its cast members, guests and local development partners from a relentless campaign to weaponize government power against Disney in retaliation for expressing a political viewpoint unpopular with certain state officials.”

DeSantis’ office celebrated Wednesday’s ruling, with spokesman Jeremy Redfern saying in a statement that the “days of Disney controlling its own government (district) and being placed above the law are long gone.”

“The federal court’s decision made it clear that Gov. DeSantis was correct: Disney is still just one of many corporations in the state, and they do not have a right to their own special government,” Redfern said. “In short — as long predicted, case dismissed.”

Similarly, Charles Cooper, an attorney for the Central Florida Tourism Oversight District, issued a statement that said Winsor “applied clear precedent to reject Disney’s claim that it, rather Florida’s Legislature and her governor, gets to choose the officials who will serve on its local government body. Disney may own the land in the district, but it does not own the government.”




In finding that Disney did not have standing to sue DeSantis, Winsor wrote that allegations that the Central Florida Tourism Oversight District board operates “under the ‘governor’s thumb,’ are conclusory.”

“Disney has not alleged any specific actions the new board took (or will take) because of the governor’s alleged control,” the ruling said. “In fact, Disney has not alleged any specific injury from any board action. Its alleged injury … is its operating under a board it cannot control. That injury would exist whether or not the governor controlled the board, meaning an injunction precluding the governor from influencing the board would not redress Disney’s asserted injury.”

While the federal lawsuit was tossed out, Disney and the Central Florida Tourism Oversight District continue to battle in a separate case in Orange County circuit court.

–Jim Saunders, News Service of Florida

Support FlaglerLive's End of Year Fundraiser
Thank you readers for getting us to--and past--our year-end fund-raising goal yet again. It’s a bracing way to mark our 15th year at FlaglerLive. Our donors are just a fraction of the 25,000 readers who seek us out for the best-reported, most timely, trustworthy, and independent local news site anywhere, without paywall. FlaglerLive is free. Fighting misinformation and keeping democracy in the sunshine 365/7/24 isn’t free. Take a brief moment, become a champion of fearless, enlightening journalism. Any amount helps. We’re a 501(c)(3) non-profit news organization. Donations are tax deductible.  
You may donate openly or anonymously.
We like Zeffy (no fees), but if you prefer to use PayPal, click here.

Reader Interactions

Comments

  1. Deborah Coffey says

    January 31, 2024 at 6:53 pm

    U.S. District Judge Allen Winsor: Trump appointed approved by a Republican Senate. Right. More corruption. What DeSantis did was so blatantly obvious only an idiot couldn’t see it.

  2. Rick griffin says

    February 1, 2024 at 12:30 pm

    This political act certainly went a long way in protecting the citizens of the United States to insure that Ron’s Presidential ambitions remain in the gutter.
    The damage he has done to Florida is unbelievable shameful.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

  • Conner Bosch law attorneys lawyers offices palm coast flagler county
  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents

Primary Sidebar

  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents

Recent Comments

  • Jay Tomm on Without a Single Question, Bunnell Board Approves Rezoning of Nearly 1,900 Acres to Industrial, Outraging Residents
  • Judy Scardano on Without a Single Question, Bunnell Board Approves Rezoning of Nearly 1,900 Acres to Industrial, Outraging Residents
  • John on Without a Single Question, Bunnell Board Approves Rezoning of Nearly 1,900 Acres to Industrial, Outraging Residents
  • William Hughey on Mayor Mike Norris’s Lawsuit Against Palm Coast Has Merit. And Limits.
  • Robert Hougham on Without a Single Question, Bunnell Board Approves Rezoning of Nearly 1,900 Acres to Industrial, Outraging Residents
  • JC on Mayor Mike Norris’s Lawsuit Against Palm Coast Has Merit. And Limits.
  • Gina on Metronet Contractor Punctures Flagler Beach Water Main for 2nd Time in 24 Hours, Again Affecting City’s Water
  • Laurel on Metronet Contractor Punctures Flagler Beach Water Main for 2nd Time in 24 Hours, Again Affecting City’s Water
  • Laurel on The Daily Cartoon and Live Briefing: Friday, May 9, 2025
  • Laurel on Without a Single Question, Bunnell Board Approves Rezoning of Nearly 1,900 Acres to Industrial, Outraging Residents
  • T on Without a Single Question, Bunnell Board Approves Rezoning of Nearly 1,900 Acres to Industrial, Outraging Residents
  • JC on Without a Single Question, Bunnell Board Approves Rezoning of Nearly 1,900 Acres to Industrial, Outraging Residents
  • Jim on The Daily Cartoon and Live Briefing: Friday, May 9, 2025
  • Erod on Without a Single Question, Bunnell Board Approves Rezoning of Nearly 1,900 Acres to Industrial, Outraging Residents
  • Ed P on Tariffs, Trade Wars and the Great Depression’s Lessons
  • Greg on Without a Single Question, Bunnell Board Approves Rezoning of Nearly 1,900 Acres to Industrial, Outraging Residents

Log in