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Judge rejects Disney free speech lawsuit against Florida Gov. Ron DeSantis
https://www.whatjobs.com/news/usa/us-business-news/judge-rejects-disney-free-speech-lawsuit-against-florida-gov-ron-desantis
By Nithya Bose in Business News, posted February 1, 2024
A federal judge has dismissed Disney's lawsuit against Florida Governor Ron DeSantis, as well as a number of other defendants.
Disney accused them of retaliatory actions against the company for criticizing a state educational law promoted by the governor.
The law limits classroom discussions on sexual orientation and gender identity.
The company claimed this retaliation infringed on its First Amendment rights.
However, Judge Allen Winsor found Disney lacked the legal standing for such claims, stating the lawsuit failed both in terms of standing and on substantive grounds.
Disney's legal challenge centered on changes to the governance of a special district overseeing its Florida parks and resorts.
Historically, Disney had significant influence over this district's board.
However, following legislative changes advocated by DeSantis, the board's structure was altered, diminishing Disney's control.
Under the governor's influence, the newly formed Central Florida Tourism Oversight District revoked a development agreement with Disney.
It prompted the company to claim it was being punished for opposing the controversial law, often referred to by critics as the "Don't Say Gay" bill.
Disney said it would appeal Judge Winsor's decision.
A Disney spokesperson said: “This is an important case with serious implications for the rule of law, and it will not end here.”
The spokesperson said that if the ruling were “left unchallenged, this would set a dangerous precedent and give license to states to weaponize their official powers to punish the expression of political viewpoints they disagree with.”
“We are determined to press forward with our case.”
Representatives for Governor DeSantis and the Central Florida Tourism Oversight District hailed the ruling as a victory for state sovereignty over corporate influence.
A spokesman for DeSantis declared the end of Disney's "Corporate Kingdom" and the company's privileged status in Florida.
More legal action imminent
Disney is still pursuing a state lawsuit aiming to challenge the decisions made by the district's board under its new governance.
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In the ruling, Judge Allen Winsor highlighted that Disney's request for injunctive relief required demonstrating "an imminent future injury," which it failed to do.
He said: “It must allege an imminent future injury,” and added: “And it has not alleged facts showing that any imminent future appointments will contribute to its harm.”
“The analysis could be different if the Governor had not yet made any appointments.
“But as things stand, if this court enjoined future appointments, Disney would face the same situation it faces now: it would be operating under the CFTOD board, over which it has no control.”
Winsor found Disney lacked standing to sue the Commerce Department secretary, saying: “Disney struggled to articulate any injury attributable to the Secretary.”
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