DeSantis and state defendants seek dismissal of Disney lawsuit.
Lawyers File Motion to Dismiss Disney Lawsuit Against Gov. DeSantis
Lawyers representing Gov. Ron DeSantis (R-FL) and other defendants have taken action to dismiss the lawsuit filed by Disney in a federal district court. The lawsuit, filed in April, accuses DeSantis and other Florida officials of using government power to retaliate against Disney for expressing an unpopular political viewpoint.
Defendants Argue Immunity
In their court filing, the defendants argue that both DeSantis and acting Secretary of the Florida Department of Economic Opportunity, Meredith Ivey, are immune from the lawsuit. They state that Disney lacks standing to sue them as neither the Governor nor the Secretary enforce the laws in question.
The defendants also contend that Disney cannot demonstrate how its alleged harms, related to contracts, takings, due process, or First Amendment violations, can be traced back to DeSantis or Ivey.
Sovereign and Legislative Immunity
The motion to dismiss further asserts that DeSantis and Ivey have sovereign immunity, while DeSantis also benefits from legislative immunity due to his role in signing the laws that restructured Disney’s central Florida district.
Disney has until July 26 to respond to the defendants’ motion to dismiss the lawsuit.
Background: Disney’s Lawsuit and Central Florida District Restructuring
The lawsuit was filed by Disney after the DeSantis-appointed board of the Central Florida Tourism Oversight District declared an agreement void, undermining the new board’s authority. DeSantis had restructured the Reedy Creek Improvement District, which had granted Disney autonomy over its Florida resort since 1967, with legislation he signed in February.
In response to the federal district court lawsuit, the central Florida board has filed a counterlawsuit against Disney in state court. The first hearing for the state lawsuit is scheduled for July 14.
The conflict between DeSantis and Disney arose from Disney’s opposition to the Parental Rights in Education Act, which DeSantis signed into law last year.
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