DeSantis-appointed board seeks court action on Disney lawsuit.

Lawyers for Central Florida Tourism Oversight District File Motion to Dismiss Disney’s Lawsuit

Lawyers representing the board of the Central Florida Tourism Oversight District have taken action in response to Disney’s lawsuit against the board and other Florida leaders. In a court filing, the board argues that Disney’s claims should either be settled in state court or dismissed entirely, labeling the lawsuit as “a host of baseless constitutional claims.”

Request for Stay or Dismissal

The board’s filing requests that Disney’s claims be put on hold until the state court litigation over the validity of the Development Agreement and Restrictive Covenants is resolved. Alternatively, they argue for the dismissal of the lawsuit. According to the board, the validity and enforceability of these agreements are unsettled questions of state law.

The lawyers further contend that a ruling in the state court lawsuit between Disney and the board would significantly impact the allegations made in the federal court lawsuit. If the state court determines that the Development Agreement and Restrictive Covenants are void and unenforceable, Disney’s claims related to contracts, takings, due process, and First Amendment retaliation would all fail.

Forum Non Conveniens

The lawyers for the board also assert that the case should be dismissed in federal court under the legal doctrine of forum non conveniens. They argue that the state court is a more suitable venue to handle the dispute, as the Restrictive Covenant’s forum-selection clause permits suit only in Orange County state court.

Disputing Disney’s Claims

The lawyers representing the board challenge Disney’s claims under the contracts, takings, and due process clauses of the U.S. Constitution, as well as their claim of retaliation under the First Amendment. They argue that the Development Agreement and Restrictive Covenants are not considered “property” under the Fifth Amendment and that Disney’s due process rights were not violated. Additionally, they contend that voiding Disney’s agreement constituted government speech and did not have an adverse effect on the company.

In response to the lawsuit, Governor Ron DeSantis and acting Secretary of the Florida Department of Economic Opportunity Meredith Ivey have filed a motion to dismiss, asserting their immunity from the legal action. Disney has until July 26 to respond to the defendants’ motion.

The ongoing dispute between Disney and the Central Florida Tourism Oversight District began when the board declared an agreement designed to undermine their authority as void. Governor DeSantis restructured the district to increase state oversight, leading to the legal battle.

The central Florida board has also filed a counterlawsuit against Disney in state court, with the first hearing scheduled for July 14.

The conflict between DeSantis and Disney originated from Disney’s opposition to the Parental Rights in Education Act, which the governor signed into law last year.

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