Disney's lawsuit against Florida Governor Ron DeSantis and the Central Florida Tourism Oversight District is dismissed

Jan 31, 2024 in "Reedy Creek Improvement District"

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Posted: Wednesday January 31, 2024 2:27pm ET by WDWMAGIC Staff

This afternoon, U.S. District Judge Allen Winsor has dismissed Disney's federal lawsuit against Florida Governor Ron DeSantis, and DeSantis' Central Florida Tourism Oversight District board.

The former Reedy Creek Improvement District HQ is now home to a Ron DeSantis appointed board of supervisors and CEO

As part of a 17 page ruling, Judge Winsor said, "In short, Disney lacks standing to sue the Governor or the Secretary, and its claims against the CFTOD Defendants fail on the merits because 'when a statute is facially constitutional, a plaintiff cannot bring a free-speech challenge by claiming that the lawmakers who passed it acted with a constitutionally impermissible purpose.'" The 46 year old Orlando-born Republican Judge was appointed by President Donald Trump in 2019.

Last year, DeSantis and CFTOD filed a motion to dismiss Disney's federal lawsuit, in which the entertainment giant claimed that there has been "A targeted campaign of government retaliation-orchestrated at every step by Governor DeSantis as punishment for Disney's protected speech now threatens Disney's business operations, jeopardizes its economic future in the region, and violates its constitutional rights."

Lawyers for DeSantis and CFTOD have argued that it doesn't matter if the governor's actions were in retaliation, with Disney lawyers taking the opposite position.

Judge Winsor has issued his ruling today saying, "This case was resolved on motions to dismiss. Plaintiff's claims against the Governor and the Department Secretary are dismissed without prejudice for lack of subject matter jurisdiction. Plaintiff's claims against the Central Florida Tourism Oversight District board members are dismissed on the merits for failure to state a claim."

Notably, the ruling does suggest that Disney may have standing to sue the Central Florida Tourism Oversight District board members. While the court dismissed Disney's claims against Florida Governor Ron DeSantis and the Secretary of Florida's Department of Commerce due to lack of standing, it acknowledged that Disney has demonstrated sufficient standing to bring a claim against the CFTOD Defendants.

In a statement released following the court case's dismissal, a Disney spokesperson told WDWMAGIC, "This is an important case with serious implications for the rule of law, and it will not end here. If left unchallenged, this would set a dangerous precedent and give license to states to weaponize their official powers to punish the expression of political viewpoints they disagree with. We are determined to press forward with our case."

You can read the judge's full findings here.

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JoeCamelSep 04, 2024

Juicy

DCBakerSep 04, 2024

The CFTOD has added a Board of Supervisors meeting next Wednesday, September 11, at 7pm. Here's the published agenda:

V_L_RaptorAug 10, 2024

I'm sensing an opportunity for Super High Intensity Training, here.

flyakiteAug 09, 2024

I am not sure if this is relevant to anyone anymore. So if not, sorry for the bump.

cranbizJul 30, 2024

Don't forget eNPS.

pdude81Jul 30, 2024

Don't taze me, bro

Nubs70Jul 30, 2024

Ack!!!!! That one is the worst..... I see your NPS and taise you a SalesForce

Batman'sParentsJul 30, 2024

https://www.bizjournals.com/orlando/news/2024/07/29/disney-attorney-roy-payne-fishback-dominick.html?cx_testId=40&cx_testVariant=cx_11&cx_artPos=1#cxrecs_s or for those who can't see past the paywall: The Central Florida Tourism Oversight District's supervisor board voted July 24 to bring on attorney Roy Payne as in-house counsel. Until now, the entity that governs Walt Disney World property in Orlando had Fishback Dominick law firm on retainer. Stephanie Kopelousos, district administrator since March, said the district needs someone who can provide consistent, on-site legal guidance, which external counsel cannot always offer. Board members echoed the sentiment that having an in-house counsel like Payne would ensure the district's legal needs are met more effectively. “When I came in, I thought it was important for our team to have someone here day to day,” she said. Before introducing Payne, Kopelousos said she had conducted a search with help from Craig Mateer, the most recent addition to the board. Payne, who until now was chief assistant city attorney for Orlando, got the job in part due to his 33 years as a lawyer for local government. "The district, as you know, is a very unique animal,” Payne said. “It's a special kind of organization ... The learning curve is a little more than I was expecting because things are done quite differently here than in your typical municipal corporation or county, but it's been refreshing to be a part of this." The district’s latest approach to legal counsel is not a reflection on the quality of services provided by Winter Park-based Fishback Dominick, said Vice Chair Charbel Barakat. Crediting attorneys Kurt Ardaman and Daniel Langley of Fishback — who attended the board meeting — for putting the puzzle pieces of the district in place, he said, "You all have helped us build policies and procedures that have made this a best-in-practice, best-in-breed government going forward. We're going to continue to build on that work and the foundation you all have built." The district's board members were appointed last year by Gov. Ron DeSantis to replace the Reedy Creek Improvement District special government as part of a year-long feud between the governor and Disney. Board members said Ardaman and Langley will help transition the Central Florida Tourism Oversight District from outside special counsel to in-house general counsel, particularly concerning ethical and conflict-of-interest issues. Payne said he already has a prior relationship with Fishback Dominick, having worked with the firm on cases during his tenure with Orlando.

JoeCamelJul 30, 2024

Gee I haven't checked my Net Promoter Score lately.......

Nubs70Jul 30, 2024

While a little buzz wordyish.... KPI's are at least measurable.

Nubs70Jul 30, 2024

You either have one or have been victimized by one that does.

mktJul 30, 2024

Unfortunately, I am currently bandwidth-constrained and unable to allocate resources to this task. Let's touch base later to reassess priorities. Understood. We'll ensure our communication is both robust and paradigm-shifting to adhere to best practices and maintain a gold standard. Indeed, they're strategically right-sizing to optimize individual cast member potential, thereby enhancing overall operational efficiency and maximizing ROI.