Disney requests a judge to dismiss a lawsuit filed by DeSantis-appointed board members

ORLANDO, Fla. — Disney asked a Florida judge on Friday to dismiss a lawsuit against the company’s efforts to counter a takeover of Disney World’s governing district by Gov. Ron DeSantis and his appointees.

The case in state court in Orlando is one of two arising from the takeover, which was a response to the company’s public opposition to the so-called Don’t Say Gay legislation supported by DeSantis and Republican lawmakers. Disney is challenging DeSantis in one lawsuit and his Disney World board appointees in another.

The governor has highlighted his yearlong dispute with Disney as part of his campaign for the 2024 GOP presidential nomination, often accusing the entertainment giant of being too “woke.” Disney has accused the governor of violating its right to free speech.

Disney’s attorneys argued before Circuit Judge Margaret Schreiber that any ruling in state court would be irrelevant since the Republican-controlled Legislature has already passed a law nullifying agreements made by the company with a previous governing board of Disney supporters, which granted design and construction powers to the company.

If the judge decides not to dismiss the state case, the company requested that the state court case be put on hold until a federal lawsuit in Tallahassee is resolved since both cases cover the same issues and the federal lawsuit was filed first.

In the federal lawsuit, Disney sued DeSantis and his appointees to the Central Florida Tourism Oversight District in an attempt to stop the takeover, alleging that the governor was infringing on the company’s right to free speech and “using the power of government to punish private business.”

“We are addressing the same matter in both cases,” stated Daniel Petrocelli, an attorney for Disney, during an hour-long hearing attended remotely by various Disney executives.

Attorneys representing the district’s board requested that their case not be dismissed, arguing to the circuit judge that it was not irrelevant and that placing it on hold would be inappropriate. They also claimed that the board’s state court lawsuit was filed first, as Disney’s federal lawsuit was not properly served to the defendants.

DeSantis is not a party in the state court lawsuit.

The judge did not indicate when she would reach a decision, but asked both sides’ attorneys to prepare orders as if she had rendered a ruling in favor of each of them by next Wednesday.

The conflict between DeSantis and Disney began last year after the company, facing significant internal and external pressure, publicly opposed a state law prohibiting classroom instruction on sexual orientation and gender identity in early grades, referred to as the “Don’t Say Gay” policy by critics.

In response, DeSantis took control of the district through legislation passed by Florida lawmakers and appointed a new board of supervisors to oversee municipal services for the expansive theme parks and hotels. However, before the new board took over, the company reached agreements with previous oversight board members who were Disney supporters, which stripped the new supervisors of their authority over design and construction.

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

In May, Disney announced that it was abandoning plans to construct a new campus in central Florida and relocate 2,000 employees from Southern California to work in digital technology, finance, and product development. The company had intended to build the campus approximately 20 miles (30 kilometers) from the expansive Walt Disney World theme park resort.

In an interview this week on CNBC, Disney CEO Bob Iger stated that the company wished to avoid involvement in any culture wars.

“Our aim is to continue telling wonderful stories and making a positive impact on the world,” said Iger.

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