Ron DeSantis Trying To Shut Down Disney Free Speech Lawsuit

By Sckylar Gibby-Brown | Published

Disneyland magic happens

Florida Governor Ron DeSantis has been in a high-stakes legal showdown with the Disney corporation since the House of Mouse publicly criticized Florida’s so-called “don’t say gay” law in May 2022. In the most recent battle in this ongoing war, Disney issued a free speech lawsuit against DeSantis. According to ABC, the Governor’s attorneys are now urging U.S. District Judge Allen Winsor to dismiss the suit. 

The entertainment giant filed the suit in response to Ron DeSantis taking control of Walt Disney World’s governing district, a move perceived as retaliation for Disney’s opposition to a state law banning classroom conversations on sexual orientation and gender identity in younger grades.

The outcome of this legal battle will likely determine control over the governing district, responsible for municipal services such as planning, firefighting, and mosquito control, across the 40 square miles that constitute Disney World.

This courtroom clash marks the first time oral arguments are being presented in federal court in Tallahassee regarding Disney’s claim that DeSantis abused state powers, infringing upon the First Amendment. Ron DeSantis’s legal team contends that he is immune to such claims since he doesn’t directly enforce the laws that removed Disney supporters from supervisory positions within the government.

The outcome of this legal battle will likely determine control over the governing district, responsible for municipal services such as planning, firefighting, and mosquito control, across the 40 square miles that constitute Disney World. Appointed by President Donald Trump in 2019, Judge Winsor holds the key to resolving this contentious dispute between Ron DeSantis and the Disney corporation.

Disney argues that DeSantis and his appointees have exploited political institutions to punish dissenting viewpoints.

Ron DeSantis maintains that Disney lacks the standing to file the federal lawsuit, emphasizing that neither he nor the Secretary of the Florida Department of Economic Opportunity, also named in the lawsuit, possess the authority to enforce the laws central to the restructuring of Disney World’s government. The legislation aimed to shift control of the district’s board from Disney supporters to DeSantis’s appointees.

The federal lawsuit also names the district’s board members appointed by the Florida governor earlier this year. In their motion to dismiss, Ron DeSantis’s legal team asserts that Disney’s accusations of political retribution lack legal merit and fail to establish a violation of the First Amendment.

Disney, however, argues that DeSantis and his appointees have exploited political institutions to punish dissenting viewpoints. In court documents, the company contends, “That premise is not just legally unsupported, it is profoundly un-American.”

The clash between Ron DeSantis and Disney began when the entertainment giant publicly contended Florida’s “don’t say gay” law last year. Governor DeSantis, a prospect for the 2024 GOP presidential nomination, endorsed the controversial legislation.

In response to Disney’s contention, Ron DeSantis and Republican legislators passed legislation earlier this year, wresting control of the district that Disney had overseen for over five decades. The move involved installing five board members loyal to the governor. 

Ron DeSantis’s legal team asserts that Disney’s accusations of political retribution lack legal merit and fail to establish a violation of the First Amendment.

The fallout from the takeover has been notable, with over 10 percent of the district’s 370 employees leaving their positions. Many departing employees cited concerns in exit interviews, asserting that the district had become overly politicized and tainted by cronyism. 

The decision handed down by Judge Winsor may not only shape the future of Disney’s relationship with the state of Florida but could also set a precedent for the boundaries between political power and corporate autonomy in the United States.