Disney is seeking to limit the scope of its federal lawsuit against Governor Ron DeSantis by focusing solely on a free speech claim.
The company alleges that the governor retaliated against them due to their public opposition to a state law that prohibits teaching about sexual orientation and gender identity in early grades.
In a recent development, Disney has requested permission from a federal judge to file an amended complaint that concentrates solely on the First Amendment claim.
They aim to address the legality of agreements they had previously signed with Disney World’s governing district in a separate state-court lawsuit.
These agreements, which were made before DeSantis and the Republican-controlled Florida Legislature assumed control, transferred design and construction authority at the theme park resort from the newly appointed DeSantis board members to Disney.
The legality of these agreements is now being challenged by the DeSantis appointees in state court, although DeSantis himself is not involved in the state court lawsuit.
Disney has recently filed a federal court motion, expressing concern over the concrete, imminent, and ongoing injury they face as a result of the new powers and composition of the California Film and Television Tax Credit Oversight Committee (CFTOD).
According to Disney, these powers and composition are being utilized to punish the company for simply expressing a political view.
This motion highlights the potential harm that Disney believes it will suffer due to the actions of the CFTOD, which they argue goes against the principles of free speech and fair treatment.
By asserting that they are being unfairly targeted, Disney aims to draw attention to what they perceive as a violation of their rights and to seek legal protection and redress for the alleged injury they have suffered.
Disney has announced its intention to file a revised complaint that will challenge what it deems as the “unconstitutional weaponization of government.”
Specifically, the complaint aims to seek a declaratory judgment that will enable Disney to pursue its future endeavors in Florida without being subjected to what it perceives as ongoing retaliatory actions from the CFTOD Board.
By taking this legal action, Disney is asserting its rights and seeking to ensure that it can operate freely and without hindrance in the state of Florida.
This move highlights Disney’s commitment to protecting its interests and maintaining its autonomy in the face of what it perceives as unjust treatment.
The revised complaint represents a significant step in Disney’s ongoing efforts to address the alleged unconstitutional actions of the CFTOD Board and regain control over its operations in Florida.
In a recent development, U.S. District Judge Allen Winsor made a decision to reject Disney’s motion to narrow the scope of a case.
This decision was based on a procedural rule that mandates Disney attorneys to confer with DeSantis’ attorneys before filing such a request. Judge Winsor emphasized that Disney would have the opportunity to refile its request once it has complied with the court rule.
In light of this ruling, an email was sent to Disney attorneys on Sunday, seeking their comment on the matter.
The Disney request, along with several other recent motions filed in the state case, serves to highlight the interconnectedness between the two lawsuits.
This is particularly evident as Disney filed a counter-claim in the state case, asserting many of the same claims made in the federal case.
It is worth noting that Disney resorted to filing the counter-claim after the state court judge denied their initial request to dismiss the lawsuit.
The conflict between DeSantis and Disney originated last year when the company, under significant internal and external pressure, publicly voiced its opposition to a state law that prohibited classroom discussions on sexual orientation and gender identity in early grades.
Critics of this policy have labeled it as “Don’t Say Gay.”
In response to certain issues and concerns, DeSantis, the Governor of Florida, resorted to a punitive measure by assuming control of the district through the enactment of legislation, duly passed by the state’s lawmakers.
This action entailed the appointment of a fresh board of supervisors, entrusted with the responsibility of overseeing the provision of municipal services for the vast expanse of theme parks and hotels within the region.
However, it is important to note that the authority of these newly appointed supervisors was subject to certain limitations, owing to pre-existing agreements and arrangements between the company and its predecessors.
Consequently, the extent to which the new board could exercise its power and effect change was somewhat curtailed by these contractual obligations.
In light of the aforementioned circumstances, Governor DeSantis and the esteemed lawmakers of Florida demonstrated their unwavering commitment to upholding the principles of sovereignty and autonomy by enacting legislation that effectively nullified and repealed the agreements in question.
This resolute response was driven by a profound belief in the importance of safeguarding the interests and well-being of the people of Florida, ensuring that the state’s decision-making processes and policies remain firmly rooted in its own unique context and requirements.
Through this legislative action, DeSantis and his fellow lawmakers sought to assert the state’s authority and assertiveness in shaping its own destiny, free from the constraints and potential encroachments posed by external agreements.
By doing so, they aimed to preserve the integrity of Florida’s governance and protect the rights and freedoms of its citizens, all while maintaining a respectful and cooperative stance towards other entities involved.
This decisive move exemplifies the resolute leadership and unwavering dedication to the welfare of the state that DeSantis and Florida lawmakers have consistently exhibited throughout their tenure.