Disney cites recent Ron DeSantis gloating as more evidence of a targeted campaign of government retaliation against Disney's free speech

May 08, 2023 in "The Walt Disney Company"

Posted: Monday May 8, 2023 12:49pm ET by WDWMAGIC Staff

The Walt Disney Company has updated its lawsuit against Florida Governor Ron DeSantis and the Central Florida Tourism Oversight District to include the most recent strikes against the theme park giant.

Disney opens the revised complaint with a quote from DeSantis made on May 5, "[T]his all started, of course, with our parents' rights bill." This statement refers to Disney's claim that it is being unfairly punished for speaking out against the DeSantis bill, known by opponents as "Don't Say Gay."

Disney says, "There is no room for disagreement about what happened here: Disney expressed its opinion on state legislation and was then punished by the State for doing so."

The lawsuit then moves on to mention some of the recent DeSantis and Oversight District moves to nullify existing Reedy Creek agreements through the Florida legislature.

The State's actions over the last two weeks are the latest strikes.

At the Governor's bidding, the State's oversight board has purported to "void" publicly noticed and duly agreed development contracts, which had laid the foundation for billions of Disney's investment dollars and thousands of jobs. Days later, the State Legislature enacted and Governor DeSantis signed legislation rendering these contracts immediately void and unenforceable. These government actions were patently retaliatory, patently anti-business, and patently unconstitutional. But the Governor and his allies have made clear they do not care and will not stop. The Governor recently declared that his team would not only "void the development agreement"—just as the State has now done, twice—but also planned "to look at things like taxes on the hotels," "tolls on the roads," "developing some of the property that the district owns" with "more amusement parks," and even putting a "state prison" next to Walt Disney World. "Who knows? I just think the possibilities are endless," he said.

Quoting a recent boast by DeSantis, Disney continues:

"Indeed, just days ago, reaffirming the unequivocal intent of his retribution campaign and trumpeting its perceived success, Governor DeSantis openly celebrated: "Since our skirmish last year, Disney has not been involved in any of those issues. They have not made a peep." This is as clear a case of retaliation as this Court is ever likely to see. At the Governor's behest, the State Legislature first voted to dissolve the long-standing RCID, then ultimately voted to give near-complete control of RCID to the Governor himself. As the Florida representative who introduced the Reedy Creek dissolution bill declared to the Florida House State Affairs Committee: "You kick the hornet's nest, things come up. And I will say this: You got me on one thing, this bill does target one company. It targets The Walt Disney Company."

You can read the complete text of the updated complaint here.

In the lawsuit, Disney asks the Court to:

  • Declare that the Legislative Declaration is unlawful and unenforceable because it abrogates Disney’s rights in violation of the Contracts Clause;
  • Declare that the Legislative Declaration is an unlawful taking of Disney’s property rights without payment of just compensation in violation of the Takings Clause;
  • Declare that the Legislative Declaration is unlawful and unenforceable because it was an arbitrary and irrational voiding of the Development Agreement and Restrictive Covenants in violation of the Due Process Clause;
  • Declare that the Legislative Declaration is unlawful and unenforceable because it was enacted in retaliation for Disney’s speech in violation of the First Amendment;
  • Declare that the Contracts remain in effect and enforceable;
  • Declare that Senate Bill 4C and House Bill 9B are unlawful and unenforceable because they were enacted in retaliation for Disney’s political speech in violation of the First Amendment;
  • Issue an order enjoining Defendants from enforcing the Legislative Declaration;
  • Issue an order enjoining Defendants from enforcing Senate Bill 4C and House Bill 9B;
  • Award Plaintiff its attorney’s fees and costs; and

The next board meeting of the Central Florida Tourism Oversight District is on May 10 2023.

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JoeCamel15 days ago

Juicy

DCBaker15 days ago

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.

GCTalesJul 30, 2024

I thought they were just right sizing to maximize individual cast member potential

VacationeerJul 29, 2024

Best practices are to squeeze robust and paradigm in somewhere