A federal judge is now considering a request by lawyers for Florida Governor Ron DeSantis to have a lawsuit against the Governor and other Floridian leaders dismissed. The lawsuit was filed by Disney and accuses Governor DeSantis and other Florida leaders of retaliating against the company for using its protected free speech when it spoke out about legislation in the state. Disney says that the action was unconstitutional and violated its First Amendment rights.
The motions to dismiss the lawsuit by Governor DeSantis and the Central Florida Tourism Oversight District is now being considered by U.S. District Judge Allen Winsor. The lawsuit could determine the future of the former Reedy Creek Improvement District that after decades of governing the district has been replaced by the Central Florida Tourism Oversight District. Governor DeSantis argues that Disney shouldn’t have been able to do this. However, he didn’t have any issues with the district until Disney spoke out against the so-called “Don’t Say Gay” bill in 2022.
Governor DeSantis and his allies argue that the lawsuit isn’t a free speech issue but instead simply an issue about regulation. “These laws are, on their face and in substance, ordinary, standard, regulatory provisions that regulate, what? They regulate special districts. They don’t even regulate directly Disney,” attorney Charles Cooper, who represents the Central Florida Tourism Oversight District board, told Winsor. “That dooms their free speech claim.” David Costello, a state deputy solicitor general, used this as part of his argument that the lawsuit should be dismissed against Governor DeSantis and the other defendants.
On Disney’s side, Daniel Petrocelli argued that that the governor is “front and center” in the retaliation against Disney. Jonathan Hacker, another attorney for Disney, added to the argument saying “This is as clear a case of retaliation against protected speech as the court will ever see.” His argument concluded that the Governor DeSantis and other state leaders unconstitutionally retaliated against Disney for expressing a political viewpoint.
After hearing arguments from both sides, Judge Winsor said that he would have a ruling in the “next couple weeks.” Daps Magic will continue to monitor this story and provide updates as they become available. What do you think of the arguments that are being made for and against dismissal of this lawsuit? How do you think it will end up playing out? Share your thoughts, opinions, and predictions in the comments below!
