A federal judge in Florida dismissed Disney’s lawsuit against Florida Governor Ron DeSantis and the Secretary of Commerce on Wednesday, on grounds of lack of standing and failure to state a claim. Disney had brought forward a lawsuit against DeSantis, the Secretary and the Central Florida Tourism Oversight District (CFTOD), accusing them of breaching the corporation’s First Amendment rights to free speech under the US Constitution.
The lawsuit emerged as a response to a dissolution bill enacted by the state of Florida which transferred governance of the CFTOD from Disney to a board appointed by Governor DeSantis. Disney maintained that the bill was an act of retribution against their rejection of DeSantis’ policies, specifically the controversial “Don’t Say Gay” law in Florida. Prior to the bill’s enactment, Disney had controlled the board selection process for several decades. The corporation had asked the court for an injunction against the bill’s enforcement and the decisions made by the CFTOD.
US District Judge Allen Winsor cited two reasons for the lawsuit’s dismissal. He first stated that Disney failed to demonstrate standing against each defendant it had sued. Disney was required to show an injury, that this injury was traceable to the actions of the defendant, and that such an injury could be remedied via a favorable court decision. Disney could not demonstrate how DeSantis and the secretary had caused an injury that required redress. Judge Winsor determined there was no “imminent future injury” as the law has been passed and the new CFTOD board members selected, removing the need for an injunction.
In regard to the potential standing against the CFTOD, Winsor dismissed the case based on Disney’s failure to substantiate its claim. Disney had argued that lawmakers passed the dissolution statute as a response to Disney’s opposition to Florida’s “Don’t Say Gay” law, which they portrayed as a violation of their free speech. Winsor retorted by arguing that a statute that is facially constitutional doesn’t allow a free-speech challenge based on the lawmakers’ perceived intent during its passage. He concluded that legislation permitting the governor to appoint CFTOD board members did not implicate First Amendment protections on its face.
The lawsuit’s dismissal was well received by DeSantis’ office, with Press Secretary Jeremy Redfern stating on his social media account, “The days of Disney controlling its own government and being placed above the law are long gone.” It remains to be seen whether Disney will appeal the decision. In recent developments, the CFTOD has countersued Disney, alleging that the company tried to illicitly circumvent board control.