Disney has chosen to challenge the dismissal of its free speech lawsuit against Florida Governor Ron DeSantis over the takeover of Walt Disney World’s governing district. Governor DeSantis, dismissing the appeal as “a mistake,” advised Disney to move forward. The lawsuit contended that the transfer of control from Disney supporters to DeSantis appointees was a retaliatory measure for Disney’s opposition to the state’s “Don’t Say Gay” law.
In response to Wednesday’s ruling by a federal judge in Tallahassee, Disney filed a notice of appeal, arguing that leaving it unchallenged would set a dangerous precedent. The company expressed concerns that it could give states the green light to use their powers to punish opposing viewpoints. Another lawsuit on district control is still awaiting resolution in state court in Orlando.
The legislation signed by Governor DeSantis and passed by the Republican-controlled Legislature led to the transfer of control of the Disney World governing district from Disney supporters to DeSantis appointees. The move was seen as a response to Disney’s public stance against the “Don’t Say Gay” law, which prohibited classroom lessons on sexual orientation and gender identity in early grades.
Disney supporters had run the district, responsible for municipal services such as firefighting and planning, for over five decades. In dismissing the free speech case, U.S. District Judge Allen Winsor stated that Disney lacked standing with its claims against Governor DeSantis and the secretary of a Florida state agency. The judge emphasized that the law, which revamped Disney World’s district, did not single out Disney by name.
Experts have differing views on the potential success of Disney’s appeal. Some believe an important question raised by the decision will have to be addressed at the appellate court, while others argue that the dispute should have been resolved politically rather than through litigation.
Before the district’s control changed hands, Disney supporters on its board signed agreements with the company, shifting control over design and construction at Disney World. However, the new DeSantis appointees claimed that these agreements weakened their powers, leading to a state court lawsuit to have them voided. Disney has filed counterclaims, seeking to have the agreements declared valid and enforceable. The company recently renewed its request for a six-month pause in the state court lawsuit, citing difficulties in obtaining documents and conducting depositions from the DeSantis-controlled district.
