Walt Disney World has filed a motion in state court in Orlando asking the court to dismiss a lawsuit filed by an appointed governing board of Florida Governor Ron DeSantis overseeing Disney World in Florida. The lawsuit is about giving control over special governing districts of Disney World and running municipal-like services on the 25,000 acres that comprise the theme park resort. The company has cited a new legislation called “Don’t Say Gay” by critics that makes the litigation filed first in federal court take priority over subsequent litigation in state court dealing with similar issues and parties. In June, Disney filed a First Amendment lawsuit against DeSantis and the board claiming the company’s free speech rights were violated in the board’s takeover of the theme park district.
The Florida Legislature created the district in the 1960s so that Disney World could build a “futuristic city” with autonomy over the use of the land. The dispute centers on the disposition of 25,000 acres of land and who controls the special governing district that runs its municipal-like services and what is built there. The central conflict stems from the deals Disney struck with pro-Disney board members that gave the company design and construction authority for future projects. Critics felt the moves stripped the board of significant powers. In response, Disney signed agreements with board members appointed by DeSantis’ predecessor, stripping the new board of power. Disney argues that it was defending itself when subscribing to these agreements, which were necessary for protecting its interests, as it was faced with a hostile state administration.
Disney has requested that the state judge throws out a lawsuit accusing it of unlawfully seizing design and construction powers to which the company argues it is entitled. The suit was filed by the Central Florida Tourism Oversight District, a governing board appointed by Governor Ron DeSantis, who seized control over Disney World, the theme park resort that is among Florida’s best-known attractions, last year. The state government filed a lawsuit against Disney in 2020 after the company notified the tourism group that it had created a self-governing district around Disney World, naming Disney executives as the developers with ultimate control over how the district is run.
Disney’s motion argues that the state lawsuit should be dismissed since the new legislation makes it irrelevant. The lawsuit aims to wrestle control of the district away from Disney, and the motion claims that it makes no sense to proceed with the litigation since it involves similar issues and parties to the First Amendment suit filed first in federal court. Furthermore, the legislation nullifies all the pre-existing rights of the tourism oversight district and eliminates any legal standing of the state government to bring a lawsuit against Disney.
Citing the company’s First Amendment rights, Disney wants to have its actions declared legal and legitimate, the board disallowed from interfering with their contracts and agreements, and its role as a governing entity reaffirmed. Disney has further argued that the state government is using its power to punish the entertainment giant for opposing a Florida law called “Don’t Say Gay.” Critics believe the law is regressive and inimical to the rights of LGBT persons. Disney has accused the state government of drawing inspiration from this law to interfere with the autonomy of its self-governing district.
Although Florida lawmakers have expressed their concerns about Disney’s special treatment in the state, litigation may not necessarily be the best outcome. It is more beneficial for the company to be transparent about its dealings and for the state government to seek a mutually beneficial arrangement that takes into consideration the interests of all concerned parties, including the citizens, visitors, and local businesses in the surrounding communities.
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