Counsel for Gov. Ron DeSantis has moved the Northern District of Florida to dismiss the lawsuit against him filed by Walt Disney Parks and Resorts on the grounds of immunity.
In Walt Disney Parks and Resorts v Ron DeSantis et al, Disney accuses DeSantis of violating the First Amendment under the U.S. Constitution with targeted government retaliation for opposing House Bill 1557, which then-Disney CEO Bob Chapek viewed as infringing on basic human rights, including LGBTQ individuals.
“Governor DeSantis has reaffirmed, again and again, that the State campaign to punish Disney for its speech about House Bill 1557 has been a coordinated and deliberate one from the start,” wrote Disney attorney Daniel Petrocelli in the April 26 complaint. “Disney sought de-escalation, including through several attempts to spark a productive dialogue with the DeSantis Administration. It was to no avail.”
Triana
| Triana
House Bill 1557, also known as the ‘Don’t Say Gay’ bill, prohibits schools from teaching elementary school students about sexual orientation or gender identity.
“I think both the state and Disney are suffering from this,” said David Triana, former Walt Disney World worker and Central Florida resident. “Florida is tourism and if you have something that is deterring people from coming here and spending their money, that could hurt both entities as a whole, especially after COVID.”
DeSantis subsequently signed, on May 5, Senate Bill 1604, which canceled Disney’s agreements with the Reedy Creek Improvement Board (RCID).
As previously reported in the Florida Record, the RCID was created in 1967 to make decisions related to Disney’s theme park independent of the state about land use, improvements, development, and governance.
“The months-long failure to propose a plan for the dissolution of RCID threatened Disney’s operations, investments, and development plans,” Disney’s complaint states. “It also underscored the irregular process by which Governor DeSantis and the Legislature had voted to abolish the District.”
However, Attorney General Ashley Moody states in her motion to dismiss that the Court lacks jurisdiction due to immunity and because DeSantis acted in a legislative, not executive, capacity when he signed Senate Bill 1604.
“The only entities that arguably enforce SB 1604 are the special districts that must comply with it, and they must do so regardless of the Governor’s actions," Moody states. "The Governor’s legislative role in signing SB 1604 therefore cannot establish that Disney’s alleged contractual losses are traceable to or redressable by him."
Other Defendants named in the federal lawsuit include Acting Secretary of the Florida Department of Economic Opportunity Meredith Ivey, and Central Florida Tourism Oversight District board members.
“I don't think Disney can pack up four parks, two water parks, and a huge shopping center and move it somewhere else or find somebody to buy them out or refurbish it into something completely different,” Triana told the Florida Record. “But, I do think that if DeSantis does not sit down with Bob Iger and come to some sort of consensus, this could hurt both the state of Florida and Disney if people go to Disneyland in California and not Disney World in Florida because of this whole situation."
Robert Iger is the current CEO of Disney.
Triana worked at Disney World until the pandemic shut down the theme park.
"I've been an annual pass holder for many, many, many years and I live just six miles from the park," he said. "It's a place I'm at all the time. So, this whole dispute has been very, very interesting to witness."