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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JoeCamel6 days ago

Welllllll....

JKick956 days ago

Do we have any updates on what this plan entails?

MR.Dis20 days ago

To give an example, I am retired from JP Morgan Chase, the provider of Disney Visa charge cards. I was eligible to purchase WDW and Disneyland tickets thru a portal for 20% off the rack rate. I do not know if that is still the case. While I was an annual pass holder purchasing thru DVC, I would purchase tickets for my kids when they visited WDW with their families. It was a significant savings.

flyakite20 days ago

Should anyone be interested and would like to attend:

michmousefanDec 29, 2024

cranbizDec 28, 2024

Not really a distortion of facts. Yes, RCID was a legally a separate entity from TWDC. In reality, it was controlled by WDW, which is why DeSantis had a hard on for getting revenge on TWDC for "don't say gay" and other woke policies by trying to revoke the district. He couldn't do that for many reasons so he got the law changed to appoint his own governing board. As we know, that really did fail miserably and there is now a board that is not antagonistic towards Disney. There is a charge for those benefits to the third party entities in some way, shape or form. WDW doesn't give anything away for free. RCID (and many third party operating participants) pay for those benefits (usually at a very reduced rate). So, in the case of RCID, Disney paid for those benefits through it's tax assessments because RCID has no income of it's own except for income received from it's taxpayers (of which TWDC is it's largest and majority taxpayer). So, what I said was true. WDW paid for the benefits granted by RCID to it's employees and RCID, by granting those benefits paid WDW back for them. This keeps everything legal. Yes, CFTOD wanted to stick it to Disney by refusing to pay WDW for those benefits, which in turn stuck it to the employees. RCID and CFTOD employees were never WDW Cast Members, they were employees of RCID or are/were employees of CFTOD.

LAKid53Dec 28, 2024

It takes little time to release a completed report. Unless that report didn't say exactly what you wanted it to say....

LAKid53Dec 28, 2024

Governor's office receives a FOIA (govt in the Sunshine) request... "What's sunshine?" 🙄

LAKid53Dec 28, 2024

🤫

LAKid53Dec 28, 2024

Florida statute says state records are open to the public. It doesn't say how quickly agencies have to provide the info. When I worked for various state agencies, we tried getting the requested info as quickly as possible. If it was a state legislator or governor's office, yesterday wasn't fast enough. 😉

LAKid53Dec 28, 2024

Bingo

Chi84Dec 28, 2024

So they had to ferret it out as opposed to the government releasing it to the news agencies. That’s understandable. Those requests can take a surprisingly long time to fulfill.

StripesDec 28, 2024

WKMG submitted a public records request. That request was just recently fulfilled and the document released. WKMG hasn’t said when they submitted the request.

UnbansheeDec 28, 2024

Lol, you must be new here. The state doesn't like to "live in the sunshine" when it comes to matters that the esteemed governor finds personally difficult