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Disney lawsuit dismissed

seminole97

HR Legend
Jun 14, 2005
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A federal judge on Wednesday dismissed Walt Disney’s lawsuit against Florida Gov. Ron DeSantis and members of a state board for allegedly retaliating after the company criticized state limits on classroom discussion of sexuality.

DeSantis and other defendants had urged U.S. District Judge Allen Winsor in Tallahassee, Florida, to dismiss the case because Disney could not sue them over constitutionally enacted state laws. Winsor was nominated by then-President Donald Trump in 2019 to fill a vacancy.

“Disney lacks standing to sue the Governor or the Secretary,” the judge said in his ruling, according to a court filing. The company’s claims against the Central Florida Tourism Oversight district board also fail because “when a statute is facially constitutional, a plaintiff cannot bring a free-speech challenge by claiming that the lawmakers who passed it acted with a constitutionally impermissible purpose.”

DeSantis’s office and the Florida oversight board did not immediately respond to requests for comment.

A Disney spokesperson said: “This is an important case with serious implications for the rule of law, and it will not end here.
 
“when a statute is facially constitutional, a plaintiff cannot bring a free-speech challenge by claiming that the lawmakers who passed it acted with a constitutionally impermissible purpose.”

This clearly isn’t the standard with other first Amendment protections. Legislative history has repeatedly been used in religious discrimination cases.
 
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This surprises me. So the holding is a governor or legislature can single out a specific company for the worst possible reason, but as long as the law itself passes constitutional muster impermissible motives of the Governor and Legislature are irrelevant.

Haven’t thought it through, but couldn’t you make an equal protection argument?
 
This surprises me. So the holding is a governor or legislature can single out a specific company for the worst possible reason, but as long as the law itself passes constitutional muster impermissible motives of the Governor and Legislature are irrelevant.

Haven’t thought it through, but couldn’t you make an equal protection argument?
Disney has a right to run an Improvement District?

I imagine Universal would want to exercise that right. I could see Walmart and Amazon being interested too.
 
This surprises me. So the holding is a governor or legislature can single out a specific company for the worst possible reason, but as long as the law itself passes constitutional muster impermissible motives of the Governor and Legislature are irrelevant.

Haven’t thought it through, but couldn’t you make an equal protection argument?

"Make campaign donations to us, or we will put you out of business. Federalist Society says this is OK"
 
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Disney has a right to run an Improvement District?

I imagine Universal would want to exercise that right. I could see Walmart and Amazon being interested too.
Right? No. Did I say it was a right?

But, Reedy Creek was created through a validly enacted law. The Legislature and Governor can change the law. And apparently it’s no problem that the change in law was retribution for speaking up.
 
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Right? No. Did I say it was a right?
The ‘equal protection’ reference is where I thought you meant that.

These things strike me as rank favoritism. I don’t know how else to look at it when competitors don’t enjoy whatever the advantages are.

But, Reedy Creek was created through a validly enacted law. The Legislature and Governor can change the law. And apparently it’s no problem that the change in law was retribution for speaking up.
Lays bare the favoritism, doesn’t it?
 
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The ‘equal protection’ reference is where I thought you meant that.

These things strike me as rank favoritism. I don’t know how else to look at it when competitors don’t enjoy whatever the advantages are.


Lays bare the favoritism, doesn’t it?
Wait, you believe they changed the law to level the playing field? After 56 years, the Reedy Creek Special Improvement District was all of a sudden a pressing problem that needed to be fixed asap?
 
Wait, you believe they changed the law to level the playing field?
No, I think these kind of laws only make the playing field uneven.

After 56 years, the Reedy Creek Special Improvement District was all of a sudden a pressing problem that needed to be fixed asap?
Disney makes an interesting case for corporate self rule, don't they?
The most fascinating thing about this is seeing people argue this corporation should be allowed to self rule.

Do you think anyone will require Musk to get an Improvement District passed for Mars?
 
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No, I think these kind of laws only make the playing field uneven.


Disney makes an interesting case for corporate self rule, don't they?
The most fascinating thing about this is seeing people argue this corporation should be allowed to self rule.

Do you think anyone will require Musk to get an Improvement District passed for Mars?
Ah, are we arguing for preserving Disney’s special district status or crying foul over the manner and circumstances under which it was changed? There’s a difference.

Also, how many of Florida’s, what, 1,000+ special districts have been similarly targeted for this much-needed reform?
 
Sure. Hopefully he starts with improving the atmosphere.

Mebbe the Boring Company can dig down to re-install a protective magnetic field for Mars.
Once that Easy Peasy task is done, they can start rebuilding an atmosphere...
 
Ah, are we arguing for preserving Disney’s special district status or crying foul over the manner and circumstances under which it was changed? There’s a difference.

Also, how many of Florida’s, what, 1,000+ special districts have been similarly targeted for this much-needed reform?
I'm not sure how many of those are like Disney (corporate self rule).
Seems like a thing used for a bunch of government facilities and projects:

Official List of Special Districts
Special District Official Website Links (1,980)
Report Created January 31, 2024

1. A. Max Brewer Memorial Law Library
2. A.H. at Turnpike South Community Development District
3. Abbott Square Community Development District
4. Aberdeen Community Development District
5. Academical Village Community Development District
6. Acme Improvement District
7. Acree Community Development District
8. Alachua Community Redevelopment Agency
9. Alachua County Health Facilities Authority
10. Alachua County Housing Authority
11. Alachua County Housing Finance Authority
12. Alachua County Library District
13. Alachua Soil and Water Conservation District
14. Alafia Preserve Community Development District
15. Alligator Point Water Resources District
16. Almarante Fire District
17. Alta Lakes Community Development District
18. Altamonte Springs Health Facilities Authority
19. Alva Fire Protection and Rescue Service District
20. Amelia Concourse Community Development District
21. Amelia Island Mosquito Control District
 
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A federal judge on Wednesday dismissed Walt Disney’s lawsuit against Florida Gov. Ron DeSantis and members of a state board for allegedly retaliating after the company criticized state limits on classroom discussion of sexuality.

DeSantis and other defendants had urged U.S. District Judge Allen Winsor in Tallahassee, Florida, to dismiss the case because Disney could not sue them over constitutionally enacted state laws. Winsor was nominated by then-President Donald Trump in 2019 to fill a vacancy.

“Disney lacks standing to sue the Governor or the Secretary,” the judge said in his ruling, according to a court filing. The company’s claims against the Central Florida Tourism Oversight district board also fail because “when a statute is facially constitutional, a plaintiff cannot bring a free-speech challenge by claiming that the lawmakers who passed it acted with a constitutionally impermissible purpose.”

DeSantis’s office and the Florida oversight board did not immediately respond to requests for comment.

A Disney spokesperson said: “This is an important case with serious implications for the rule of law, and it will not end here.
Justice has been served......
 
I'm not sure how many of those are like Disney (corporate self rule).
Seems like a thing used for a bunch of government facilities and projects:

Official List of Special Districts
Special District Official Website Links (1,980)
Report Created January 31, 2024

1. A. Max Brewer Memorial Law Library
2. A.H. at Turnpike South Community Development District
3. Abbott Square Community Development District
4. Aberdeen Community Development District
5. Academical Village Community Development District
6. Acme Improvement District
7. Acree Community Development District
8. Alachua Community Redevelopment Agency
9. Alachua County Health Facilities Authority
10. Alachua County Housing Authority
11. Alachua County Housing Finance Authority
12. Alachua County Library District
13. Alachua Soil and Water Conservation District
14. Alafia Preserve Community Development District
15. Alligator Point Water Resources District
16. Almarante Fire District
17. Alta Lakes Community Development District
18. Altamonte Springs Health Facilities Authority
19. Alva Fire Protection and Rescue Service District
20. Amelia Concourse Community Development District
21. Amelia Island Mosquito Control District
Weird how you ignored "The Villages" here...
 
No, I think these kind of laws only make the playing field uneven.


Disney makes an interesting case for corporate self rule, don't they?
The most fascinating thing about this is seeing people argue this corporation should be allowed to self rule.

Do you think anyone will require Musk to get an Improvement District passed for Mars?
Tell me, do you think DeSantis went after disneys improvement district because he legit thinks it was bad for Florida, or because Disney dared to make a statement critical of a law he favored?
 
100% political.

& will cost those counties $1B

"However, the counties would also assume all debt from the district and could cost taxpayers upwards of $1 billion, lawmakers said. The counties would also be responsible for all infrastructure improvements and Disney would have to go to the county for major renovations or additions."
 
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& will cost those counties $1B

"However, the counties would also assume all debt from the district and could cost taxpayers upwards of $1 billion, lawmakers said. The counties would also be responsible for all infrastructure improvements and Disney would have to go to the county for major renovations or additions."
Biff country
 
So, let me get this straight. A group of lawmakers made some laws, and the courts said, "the courts don't have control over the making of the laws". I'm pretty sure this is exactly what the SCOTUS said about Roe v Wade.
 
Is this not a federal issue? Then let's hold court in Florida. This makes no sense. Disney can't have a district but universal can?
 
Is this not a federal issue? Then let's hold court in Florida. This makes no sense. Disney can't have a district but universal can?
Edit to add: this decision is from a Federal court. Judge appointed by the President, not the governor.

I think the nature of ‘special districts’ is not uniform.
Someone linked an earlier article that Universal now has one, and Disney still has one, it’s just setup different than before, changing some of the ‘corporate self rule’, that was in the prior iteration.
It would be interesting to see details on how both currently compare.

I’m fascinated by the source of outrage that Disney is potentially subject to more state and local government regulation than they previously enjoyed, and that their competitors already have.
 
I’m fascinated by the source of outrage that Disney is potentially subject to more state and local government regulation than they previously enjoyed, and that their competitors already have.
And I’m fascinated you won’t acknowledge nobody cares about the special district issues. It’s the circumstances under which the law was changed that people are objecting to.
 
Edit to add: this decision is from a Federal court. Judge appointed by the President, not the governor.

I think the nature of ‘special districts’ is not uniform.
Someone linked an earlier article that Universal now has one, and Disney still has one, it’s just setup different than before
It is costing those counties $1B

They should take note of that for the next FL elections.
 
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Speak out against Desantis, you get punished. Hopefully everyone learned the lesson here.
 
Wasn't about speaking out against Desantis

Really? I mean…otherwise the timing of Reedy Creek being dissolved was pretty remarkable, all things considered.

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