A ruling about former Andrew Warren’s lawsuit against Governor DeSantis has been filed by The Walt Disney Company in its own lawsuit against the Governor. This comes after the 11th Circuit Court of Appeals ruled against Warren’s suspension by Governor DeSantis after Warren opposed efforts to criminalize abortion and gender-transition treatments for children. This was counter to Governor DeSantis’ stance. Disney believes that this is another example of Governor DeSantis infringing on First Amendment rights.
The 11th Circuit Court of Appeals agreed with Warren that his First Amendment rights were violated when the Governor terminated him. It also said that U.S. District Judge Robert Hinkle could return Warren to his former post. This came after Judge Hinkle ruled in favor of Warren but didn’t believe he had the power to return him to his former job.
“DeSantis argues that even if Warren prevails on the merits of his claim, the district court lacks the authority to reinstate Warren. We reject this argument,” the 11th Circuit Court of Appeals decision reads. “The Eleventh Amendment permits federal courts to remedy First Amendment violations.”
Disney is now citing this judgement in its own lawsuit against Governor DeSantis where the company alleges that the Governor violated their First Amendment rights. This came after Disney came out against the so-called “Don’t Say Gay” law that Governor DeSantis was in favor of. The law limited what could be taught about sexual orientation and gender identity in classrooms.
Following Disney’s opposition to the law, Governor DeSantis came out swinging against the House of Mouse. First this was done verbally. Then it led to legislative actions that dissolved the Reedy Creek Improvement District and replaced it with the Central Florida Tourism Oversight District. The Governor also led legislative efforts for the state to regulate the Monorail at the Walt Disney World Resort. This was accompanied with statements of “there’s a new sheriff in town” and threats for what could be done in the district as the Governor’s appointees took over the board for the new iteration of the district.
Last month, both sides made arguments to U.S. District Judge Allen Winsor regarding the lawsuit and its future. Governor DeSantis and the Central Florida Tourism Oversight District argued that the changes to the district simply amounted to “standard, regulatory provisions.” Disney, on the other hand, argued that this is “as clear a case of retaliation against protected speech as the court will ever see.”
A spokesperson for Governor DeSantis said that the decision by Warren set a “dangerous precedent” and that it would allow progressive prosecutors to ignore laws they disagree with.
At this point, the future of the former Reedy Creek Improvement District will most likely be determined in court. There are two main lawsuits making their way through the courts currently. The first is the aforementioned federal lawsuit. The second is at the state level and was brought against Disney by the Central Florida Tourism Oversight District in an effort to assert itself as the controller of the future of the district.
What do you think about this most recent update to the Disney vs. DeSantis lawsuit? Do you think that this is a case of First Amendment rights being violated or is this simply a regulatory issue? How do you think it should be resolved? Share your thoughts and opinions in the comments below!
