Disney Seeks to Reframe Lawsuit Against DeSantis to Focus on Free Speech

Disney is looking to amend its federal lawsuit against Governor Ron DeSantis in order to specifically focus on a free speech claim. The company alleges that DeSantis retaliated against them for publicly opposing a state law that bans classroom lessons on sexual orientation and gender identity in early grades.

In their request, Disney asks for permission to file a revised complaint that centers solely on the First Amendment claim. They leave questions about the legality of agreements the company signed with Disney World’s governing district to the state-court lawsuit. These agreements were signed before DeSantis and the GOP-controlled Florida Legislature took over the governing body.

The agreements transferred control of design and construction at the theme park resort from DeSantis appointees to Disney. DeSantis appointees are currently challenging the legality of these agreements in state court, with DeSantis not being a party in the lawsuit.

Disney argues that they are facing ongoing injury due to the actions of the Central Florida Tourism Oversight District (CFTOD) Board. They claim that the Board is using its new powers and composition to punish Disney for expressing a political view.

The revised complaint aims to challenge the “unconstitutional weaponization of government” and seeks a declaratory judgment that will allow Disney to pursue its future in Florida without retaliation from the CFTOD Board.

U.S. District Judge Allen Winsor rejected Disney’s motion to narrow the scope of the lawsuit due to a procedural reason. However, the company has the option to refile its request.

The intertwining fates of the federal and state cases are evident, as Disney filed a counter-claim in the state case asserting many of the same claims made in the federal case. This was done after the state court judge refused to dismiss the lawsuit.

The conflict between DeSantis and Disney began when the company publicly opposed a state law that banned classroom lessons on sexual orientation and gender identity. In response, DeSantis took over the district and appointed a new board of supervisors. However, the new supervisors’ authority was limited by the agreements Disney had with their predecessors.

In retaliation, DeSantis and Florida lawmakers passed legislation repealing those agreements.