On Jan 11, Disney filed a new lawsuit against DeSantis. The lawsuit uses a recent decision by the US Court of Appeals for the 11th Circuit to argue that DeSantis’s action against Disney violates the company’s First Amendment rights.
Start of the Battle
The battle between Disney and DeSantis started in 2022 when the company’s then-CEO spoke out against DeSantis’s “Don’t Say Gay” law. The law, which has since been implemented and expanded, banned discussions of sexual orientation and gender identity in public schools across all grades.
The Mouse Opposes
Disney only officially acted against the bill after it was passed but before DeSantis signed it. The company argued that “it could be used to unfairly target gay, lesbian, non-binary, and transgender kids and families.”
Countermove
In response, DeSantis revoked the Reedy Creek Improvement District, which afforded Disney special governing privileges over the area encompassing the infrastructure of Disney World. DeSantis then created the Central Florida Tourism Oversight District, filling the board with political allies.
Fierce Battle
The battle has involved a number of lawsuits between Disney and Florida. Many remain unresolved.
New Move
Disney’s latest suit is actually based on another legal battle DeSantis is involved in. This one involves Andrew Warren, a Democrat who, in 2020, was re-elected as the state attorney for the 13th Judicial Circuit in Hillsborough County.
Shaking Things Up
After re-election, Warren implemented some new policies and advocated for liberal judicial reforms. In August 2022, DeSantis removed him from office, replacing him with a political ally.
First Suit
In a subsequent lawsuit, Warren claimed that DeSantis had removed him for his opinions on abortion and transgender rights. Because these opinions were protected speech under the First Amendment, the suit argued, Warren’s dismissal was unconstitutional.
Suit Refused
A judge threw out the suit despite finding that Warren’s suspension was indeed unconstitutional in multiple ways. The judge argued that DeSantis would have removed Warren regardless of his comments on culture war issues.
Assumed Factors
The judge argued that the factors DeSantis would have presumably used to justify his removal of Warren would not be protected by the First Amendment. Thus, while DeSantis had violated Warren’s First Amendment rights, the removal would be upheld.
Turning Point
However, on Jan 10, 2024, an appeals court ruled that this conclusion was incorrect. The district court was ordered to reconsider whether those presumed factors would really have not violated Warren’s First Amendment rights.
Spotting an Opportunity
Disney immediately spotted an opportunity and submitted its new suit the very next day. The company’s legal team argued that the conclusions of the appeals court apply to Disney’s suit against DeSantis, filed in April 2023.
First Amendment Issue
Disney claims that DeSantis’s takeover of the Reedy Creek Improvement District violates its First Amendment rights. Bob Iger, the current CEO, called the move “patently retaliatory, patently anti-business, and patently unconstitutional.”
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