Disney looks to narrow federal lawsuit against DeSantis to First Amendment claims
Jack Birle
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Lawyers for Disney are attempting to narrow the lawsuit against Gov. Ron DeSantis (R-FL) and the board of the district encompassing the Walt Disney World Resort to alleged free speech violations.
Disney, in a filing on Friday, attempted to withdraw its first four claims against DeSantis and other state officials, which would leave the fifth claim. The fifth claim in the complaint alleges the defendants infringed on the company’s free speech rights by allegedly retaliating for comments Disney made against the Florida Parental Rights in Education law in 2022.
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In the filing, Disney argues the first four claims should be withdrawn without prejudice because “the validity of Disney’s contract-based claims is being actively litigated in the pending state court action.”
“This federal case will therefore address only the current Fifth Cause of Action, not at issue in the state court case: Disney’s First Amendment challenge to the retaliatory reconstitution of the Reedy Creek Improvement District,” the filing continued.
Judge Allen Winsor rejected the motion on procedural grounds, telling Disney it “may refile the motion after conferring with Defendants and otherwise complying with the Local Rules” in a filing late Friday.
The move to narrow the scope of the federal lawsuit comes weeks after Disney’s bid to dismiss the state lawsuit, filed by the Central Florida Tourism Oversight District and directly dealing with the legality of the agreements in question in the first four claims in the federal lawsuit, was denied.
Disney filed the lawsuit against DeSantis, acting Secretary of the Florida Department of Economic Opportunity Meredith Ivey, and the Central Florida Tourism Oversight District board in April in the U.S. District Court for the Northern District of Florida. The company alleges a “relentless campaign to weaponize government power against Disney in retaliation for expressing a political viewpoint unpopular with certain State officials.”
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The alleged “weaponization” by DeSantis stems from his signing legislation to restructure the district encompassing the Walt Disney World Resort to include more state oversight. The lawsuit was filed shortly after an agreement Disney made with the previous board to undercut the state’s power in the district was declared void by the board.
DeSantis and other state defendants are seeking to have the lawsuit dismissed, as a counter-lawsuit by the Central Florida Tourism Oversight District board continues in state court.