(The Center Square) — The battle over whether to dismiss the Walt Disney Company’s lawsuit on free speech grounds against the state of Florida and Gov. Ron DeSantis will end on Aug. 9, according to an order issued by U.S. District Judge Allen Winsor on Monday.
The order says briefings on the motion to dismiss and resultant counter-motions will end on that day. It comes after Disney filed a brief on Friday that argues that the case should continue and DeSantis’ request for dismissal should be denied.
“This case presents the fundamental question whether the Governor and the State can escape accountability for their open defiance of our Nation’s most cherished liberties.” Disney attorneys claimed in court documents filed last week in response to a state filing that asked
Disney argues in its original lawsuit that businesses, as well as individuals, have a right to free speech under the U.S. Constitution. The company said DeSantis is using his power as governor to punish them for making public comments on Florida policy.
The federal lawsuit says that Disney’s claims against DeSantis are not barred by legislative or sovereign immunity and that stripping Disney of voting rights and other benefits was unlawful. Therefore DeSantis’ motion to dismiss the case should be denied.
“Because this suit seeks to enjoin the Governor from performing executive acts, legislative immunity does not protect him from suit,” the filing reads.
The Reporters Committee for Freedom of the Press filed an amicus (friend of the court) brief on Friday in favor of Disney’s case, saying that “As an organization dedicated to protecting the First Amendment freedoms of speech and of the press, amicus has a strong interest in ensuring the availability of relief when the government uses its vast authority in such an unconstitutional manner.”
Disney opposed the 2022 Parental Rights in Education Act which prohibits teachers from instructing students on sexuality, gender identity, and LGBTQ+ issues in classrooms.
In February, DeSantis signed House Bill 9B to dissolve the Reedy Creek Improvement District, established in 1967 when the California company decided to expand to Florida. Reedy Creek’s structure gave Disney autonomy over 25,000 acres of Central Florida land, acting as a governmental entity.
The Legislature passed Senate Bill 1604 in May, which invalidated Disney-related development contracts. Reedy Creek is now known as the Central Florida Tourism Oversight District and power over the district has been transferred to DeSantis, including the ability to appoint its board of directors.
The state won a battle on Friday in another court as a Florida judge ruled in the district’s favor and denied Disney’s motion to dismiss the state lawsuit against it. In a separate lawsuit filed by the CFTO district, Disney is accused of entering into two development agreements days before the RCID was dissolved and its governance was restructured to circumvent state law and keep the entertainment giant in control of the district.
The lawsuit states that Disney had complete control over the now-invalidated agreements, including drafting and enacting them, ensuring that Disney would retain control over future land developments.
The court ruling states that both the district and Disney are citizens of Florida and the claims arose solely under Florida state law, allowing a state court to deny a stay under exceptional circumstances which the court found to exist.
This included undue delays in other pending proceedings — referring to Disney’s federal lawsuit against Florida — that could take years to resolve. This was deemed untenable by the judge to have the district potentially wait years before having its claims heard.
