Judge dismisses Disney free speech lawsuit against Gov. Ron DeSantis

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Update:

• A judge dismissed Disney’s free speech lawsuit against Florida Gov. Ron DeSantis, the Florida Secretary of Commerce and the Central Florida Tourism Oversight District (CFTOD).
• Disney claimed state leadership changed board nomination procedures in retaliation for the company’s comments regarding Florida’s Parental Rights in Education Act.
• U.S. District Court Judge Allen Winsor ruled these claims were invalid because a constitutional law cannot be challenged on claims the lawmakers acted unconstitutionally. 
• Judge Winsor also determined DeSantis and the secretary of commerce did not act inappropriately in promoting and enacting the new law.
• Because the law affects multiple businesses in the CFTOD, not just Disney, Judge Winsor determined the entities did not single out Disney with the new law.

Disney DeSantis lawsuit overview: 

• Who: Walt Disney Parks and Resorts Inc. filed a lawsuit against Florida Gov. Ronald D. DeSantis, the acting secretary of the Florida Department of Economic Opportunity, the board chair of the Central Florida Tourism Oversight District and five of its board members.
• Why: Disney claims DeSantis and his co-defendants have been running a retaliatory campaign against the company for speaking out against Florida’s “Don’t Say Gay” law. 
• Where: The lawsuit was filed in Florida federal court. 

(May 1, 2023)

Walt Disney Parks and Resorts claims Florida Gov. Ron DeSantis has been running a targeted campaign of “government retaliation” against the company as a punishment for its protected speech.

At DeSantis’ “bidding,” Disney claims Florida’s oversight board has purported to void “publicly noticed and duly agreed development contracts” that the company argues “had laid the foundation for billions of Disney’s investment dollars and thousands of jobs.” 

Disney claims DeSantis is ultimately threatening its business operations and “jeopardizing its economic future” in the Central Florida region, in addition to allegedly violating its constitutional rights. 

“This government action was 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 Disney lawsuit states. 

Disney claims DeSantis is punishing the company for speaking out against Florida’s “Don’t Say Gay” law, which restricts classrooms from providing instruction on gender and sexual orientation related topics and issues. 

“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 Disney lawsuit states. 

DeSantis launched ‘barrage of threats’ against Disney, lawsuit claims

DeSantis, Disney argues, announced in March 2022 that the company’s statement had “crossed the line” and has since “launched a barrage of threats against the Company in immediate response.” 

Disney claims that DeSantis, along with the state legislature and local government regulators handpicked by the governor have been involved in a “coordinated campaign to damage Disney’s ability to do business in Florida.” 

“State leaders have not been subtle about their reasons for government intervention. They have proudly declared that Disney deserves this fate because of what Disney said,” the Disney lawsuit states. 

Disney claims DeSantis and his co-defendants are guilty of violating the contracts clause, taking clause and due process clause of the Constitution, along with the First Amendment. 

A lawsuit was filed against Disney in February by a woman with a disability alleging the company discriminated against her by allegedly illegally denying her entry to the Disneyland Resort on account of her having a service dog. 

Do you believe Florida Governor Ron DeSantis is retaliating against Disney for speaking out against the state’s ‘Don’t Say Gay’ law? Let us know in the comments.

Disney is represented by Alan Schoenfeld of WilmerHale, Daniel M. Petrocelli and Jonathan D. Hacker of O’Melveny & Myers LLP and Adam Colby Losey of Losey PLLC.

The Disney DeSantis lawsuit is Walt Disney Parks and Resorts U.S. Inc. v. DeSantis, et al., Case No. 4:23-cv-00163, in the U.S. District Court for the Northern District of Florida.

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