DeSantis-appointed board announces counter lawsuit against Disney
Jack Birle
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The board of the Central Florida Tourism Oversight District announced it will be filing a counter lawsuit against Disney to protect its governing power.
The board unanimously passed the motion to file a counter lawsuit Monday. Board chairman Martin Garcia said at a special meeting the lawsuit will be filed in a “state court here in central Florida where both it and Disney reside and do business.”
WHY DISNEY IS SUING RON DESANTIS
“Our board has taken these enumerated actions to promote the public good pursuant to the new legislation governing the district. Notwithstanding these board actions, Disney, while we were meeting last week, sued this board to stop our efforts to improve the district and its operations,” Garcia said.
“In essence, it is asking a federal court in Tallahassee to wrestle back the hands of time to 1967, while this board is instead charged legislatively with bringing the district into the 21st century with new and better policies and practices,” he added.
Garcia also said the board “have no choice now but to respond” because Disney listed the board members as defendants in the lawsuit filed on Wednesday.
The board, which was appointed by Gov. Ron DeSantis (R-FL), also distanced itself from the legislation which installed the new board, which is at the center of the lawsuit Disney filed against DeSantis and the board.
“It should be obvious to everyone that this board didn’t enact any of the legislation that Disney is and has been complaining about. This board didn’t make those laws and had nothing to do with their making. Our role is simply to follow all the laws enacted by the Florida Legislature. This is what this board has done and will continue to do to move the district forward,” Garcia said.
Disney filed the lawsuit against the board and DeSantis, along with other state officials, accusing them of pursuing a “relentless campaign to weaponize government power against Disney in retaliation for expressing a political viewpoint unpopular with certain State officials.”
The company alleges the state violated Disney’s First Amendment right to speech, the contract and takings clauses in the U.S. Constitution, and the company’s 14th Amendment right to due process. Disney argues the actions by the state are punishing their protected speech regarding the state’s Parental Rights in Education bill.
“We are unaware of any legal right that a company has to operate its own government or maintain special privileges not held by other businesses in the state,” Taryn Fenske, communications director for the governor, said in a statement to the Washington Examiner on Wednesday. “This lawsuit is yet another unfortunate example of their hope to undermine the will of the Florida voters and operate outside the bounds of the law.”
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Disney is seeking to have the two laws restructuring the former Reedy Creek Improvement District declared as “unlawful and unenforceable,” along with legally upholding the agreement between Disney and the former district made on Feb. 8, which stripped the new district of most of its power.
The lengthy battle between DeSantis and the company began when Disney denounced the Parental Rights in Education Act, which DeSantis signed into law in March 2022.