Judge Denies New Motion in the Disney vs. DeSantis Lawsuit
The Disney vs. DeSantis battle continues. And now the judge just struck down an important motion.
Disney vs. Desantis
By now most people are aware of the ongoing legal turmoil brewing between Florida Governor Ron DeSantis and Dinsey. Now, since Disney and DeSantis are involved in MULTIPLE lawsuits, three to be exact, it is important to note that the federal lawsuit Disney waged against DeSantis is the one we are referencing today.
If you need to catch up on what is going on, here is some reading material for you. Disney sued DeSantis in federal court with claims that DeSantis is punishing the Walt Disney Company for practicing free speech. You can get up to speed on the federal case HERE, the state CFTOD HERE, and the Countersuit HERE.
The New Motion
Disney made a motion to amend its April 22, 2023 complaint against defendant Ron DeSantis. It seems as if Disney's goal in filing this amendment is to avoid overlap in contractual claims between this federal case and the state case the CFTOD has brought against Disney.
Now, Disney is trying to streamline the federal case so that it only addresses the constitutional issue of Disney's First Amendment challenge to the retaliatory reconstitution of the Reedy Creek Improvement District. The amendment seeks to withdraw the issues being addressed in lower courts.
Motion Denied
Judge Allen Winsor almost immediately stuck the motion down. Has a quicker decision ever been reached in court?
Windsor's order states, "Plaintiff's motion to amend is DENIED without prejudice because it does not comply with Local Rule 7.1(C), which requires a certificate confirming compliance with Rule 7.1(B)'s attorney-conference requirement."
Judge Windsor DENIED Disney's Motion almost immediately.
However, Disney still has a chance to fight for the motion. The order goes on to say, "Plaintiff may refile the motion after conferring with Defendants and otherwise complying with the Local Rules." So perhaps the judge will consider this motion to amend if proper protocol is followed. Additionally, the motion to amend is unnecessary if the defendants agree to it during the conversation.
It does not seem highly likely that DeSantis and others named in the suit will happily agree to any Disney-initiated motion. However, since DeSantis did claim he has moved on from the battle with Disney, perhaps an agreement can be reached here. Of course, if the defendants say "no," then Disney will have to file a new motion and await another decision from Windsor.
Do you think that DeSantis's legal team will agree to the proposed amendment? Or, do you think Disney will have to refile the motion after discussing it with the defendants? Let us know in the comments. And, feel free to share the story with others.
Thanks for reading and for your thoughts
Any "freedom of speech " issue that antagonizes 1/2 of your customers is a dumb idea. Disney stock is way down due to many management missteps.
Richie September 3, 2023 At 10:49 am
"Without Disney we wouldn’t have the revenue we have in this state tourism would decline drastically."
Incorrect, Disney does not bring anywhere close to the revenue that this state brings in. You can look this up with the Florida Department of Revenue and find that they account for less than 2% of the sales taxes brought in.
Elliot September 3, 2023 At 12:40 pm
"made a contract with a board (legal) that was being removed"
No, the contract did not follow state law. For example, they failed to post proper notice under the law required such as posting the full agenda instead of just the title, they failed to notify property owners (Disney is not the sole property owner in the former RCID), the contract had no consideration for RCID, the list goes on. The contract is void ab initio.
"However, Florida has made a bill that only targets Disney"
No, it targeted 6 districts. You can read SB 4-C and the analysis and see the title.
Bradford County Development Authority (Bradford County)
Sunshine Water Control District (Broward County)
Eastpoint Water and Sewer District (Franklin County)
Hamilton County Development Authority (Hamilton County)
Reedy Creek Improvement District (Orange and Osceola Counties)
Marion County Law Library (Marion County)
"has removed a board"
The Legislature dissolved the board.
Well I thought I was replying to people which would show my replies under themr names but it turns out it's just bumping my replies to the top with no indications to who I was replying to.
Ronnie September 2, 2023 At 11:21 pm
Rick Nelson September 3, 2023 At 12:31 am
CD72 September 3, 2023 At 8:54 am
Debbie Munholand September 3, 2023 At 9:27 am
Blake P September 3, 2023 At 10:12 am
roy Vazquez September 3, 2023 At 10:34 am
Mara Tage September 3, 2023 At 10:41 am
These are who I replied to.
They just have one in another state obviously. Tokyo is a licensed park which is not owned by Disney. Disney does not outright own Shanghai or Hong Kong but as minority owners so their revenues for DPEP are extremely low. Disney Paris is a money loser. Disney cannot afford to build another park in the United States either because of massive speculators would make it cost prohibitive. The reason Disney World exists was because Disney used shell companies to hide the large land purchases in the first place. In today's world, people will figure it out rather quickly.
Actually no, Disney is paying for both the state and federal court cases on both sides of the aisle. Since the CFTOD gets their revenue from the property owners which is 70% Disney. So the CFTOD hired lawyers to sue Disney in state court and hired lawyers to represent the board members in federal court. And Disney still loses.
Disney can't afford this. One of their largest revenue comes from DPEP.
Except it was the Legislature that took away the keys to the rat kingdom because it was the Legislature's power that gave them that authority in the first place.
No, Disney is losing handily in both courts and the state has already stated that Disney can just surrender on this issue and move on. They're not getting their rat kingdom back.
No, Disney is not a significant reason that FLorida has the economy it has. DPEP accounts for less than a percent of their state GDP.
Except it didn't have the same arrangement as the other 1,000+ special districts. They don't have power to annex outside their territory, they don't have power to build their own nuclear power plant, they don't have power to establish their building codes, they don't have power to build an airport, the list goes on.
Disney has gone down the drain through terrible management. They went Woke and now they're going broke. The Share price tells the story and proves that America is sick of these Woke Corporations. Conservatism will soon be back.
Amen!
I agree with Susan dictator desantimonius must be voted out next time.
That's the point. Get Disney out of Florida. If DeSantis cared about money, he wouldn't put the lawsuit out, but financial reward and financial loss is the only thing your brain runs on.
Now, that's an idea!!
It's my believe that Trump is ahead in the polls bcuz his 2nd term as Prez was stolen & DeSantis time isn't 2024 more like 2028 perhaps
I think too many of the commenters here really don't understand the issues. Clinging to wannabe dictators will not improve your life. Degovernor is a nut.
I think too many commentators have no clue of what the issues are. Degovernor is a nut.
Florida relies on Disney, not thebother way around. It is DeSantis that bit the hand that feeds, not the other way around.
You're all cheering the bigots welcome whenever Disney loses something, anything, just because you don't like what they used their free speech for. You want to be validated, in your bigotry, that's all this really is when you start complaining about this sort of thing.
So this aside, keep one thing in mind. Your dear leader (no pun intended) may win these little lawsuits, but Disney doesn't *have* to stay in Florida. And I should remind you, Universal Studios and Buche Gardens isn't going to carry the revenue weight Disney has been. Moving will be god dang expensive, but with so many international parks and local ones, bringing in the funds for it will be very plausible.
So if you hope to win because you're a bigot, okay. Just know yours, and DeSantis 'actions will have consequences. Your bigotry and opinions won't save you from that. Hope it's worth it.
Thanks Elliot (Morgan), (Newlin)...(Munns & Bunns)! ......Attorney in his own mind!!
Yes !
Disney should have kept their opinion to themselves. It's never a good idea for any company, especially one that is receiving special treatment, to bite the hand that feeds it. I'm surprised Disney shareholders haven't launched a lawsuit against the corporation for abdicating its responsibility to the shareholders value
It's a ridiculous bill totally based on scare tactics that have absolutely nothing to do with Reality. No one is teaching 3-year-olds or even third graders about it in schools.
It is important to see where Disney is trying to go with there ideas it is trying to change the whole idea of what Disney once truly stood for I would never have anything to do with Disney as far as taking my kids to Disneyland or any of these movies or products very sad moments in these times God bless our country in every way
Disney stood up for a segment of the population that is being overly scrutinized. Their altruistic message of acceptance for all, is beautiful and welcomed. They chose to put humanity above ignorance. Every soul on this planet is a manifestation of God and should be treated as such. The Bible clearly states that we are not our gender and is not a consideration when it comes to God. Unfortunately not all souls on this planet are the same age, and some use the bible as a weapon of judgment while others use it to bring compassion and acceptance to the world. Which one is evil?
It shows in the polls that what he's doing is working against him. Trump is far ahead and other are catching up or even to Deathsantis. He's the poster child for a loser dictator.
I hope you going to pay taxes thru your nose when DISNEY moves out.
Lol...as if the Florida education system isn't at the bottom of the barrel while NY and CA near the top.
Yes he did. All head bobbers
Nothing but hatred in this remark. Hatred is not of God, that all we need to know…and amost all of these comments seethe with hate. It’s easy to see which “side” is evil. Disney has become a wolf in sheep’s clothing and doesn’t even pretend to hide their evil intentions. Don’t ever support evil and pray for our Country.
If you can not read. Go back to New York and California ! We do not need you here
Children do not start school at three. We 5end to exaggerate when making a point.
Interesting question. What laws has Disney broken? They spoke out against a law (legal), and made a contract with a board (legal) that was being removed because they legally exercised their right to speech.
However, Florida has made a bill that only targets Disney in the form of using a 27 word description to only apply to the special district Disney resides and no other (illegal), has removed a board to allow the Governor to control a particular special district (illegal), and has had its Governor expressly state that his actions are in response to Disney's speech (illegal).
So, which Florida State Laws has Disney broken? It appears that one side of this situation has broken any laws, hence a court case.
Florida has become the sorry state of bigotry.
I totally agree even when Rick Scott was Gov, I moved down in 2007, Floridians were happy and content. Desantis has made a hostile MESS here and is nothing more than a wanna be dictator.
We vote for Disney all the way. DeSantis is the wanna be Dictator of FL n trying to be one for the the US. Trying to step on anybody that disagrees with his absurb ways of thinking. He is messing with everything that dont need fixing. If he is not voted out of FL soon this place is doomed. He is bringing on the hoplessness n depression that we do not need in this state or our country.
Right on. There are too many politicians holding office that take an oath to uphold the constitution of the USA. That means upholding ALL of the constitution...not picking and choosing which ones you like to uphold and trashing the rest. Burning books, removing books from the library, Germany did that. Americans should be careful who they vote for,
It's not called "don't say gay bill" And if you even bothered to read the bill, he has no problems with gays, lesbians, bisexuals. His issue is teaching a child of three about it. They don't need to know about that stuff yet. But they will I'm sure and I hope the parents that "groomed" them, took away their chance of having a biological child of their own. Before you comment a total lie, read the gd Bill!!!
Hold your ground Disney. DeSatis is a revengeful troublemaking wanna be Dictator that has cast trouble upon FL. We are doomed until he is voted outttttttttttttttttttttttttttt. Prayinggggggggggggg. Beggingggggggggggg. He has created more damage than any FL Gov in US history n still have 3 yrs left of his rule. Leave Disney alone. Stop messing with things that dont need fixing DeSatis
Wow, never have I read a more erroneous interpretation of a legal strategy.
In the end the Disney legal team will eat the States legal team for lunch. And DeSantis will go down in history as the fool governor who did nothing but cost the local residents of Osceola and Orange counties jobs and tourist income. Did you even realize that the Reedy Creel board members were local land owners and businesses leaders? The State has appointed cronies of the governor. Genius!!
I think governor DeSantis is a tyrant worst thing ever happened to Florida. Taking on a billion dollar company that brings so much to the state of Florida. Without Disney we wouldn't have the revenue we have in this state tourism would decline drastically. It's hurting smaller business depending on resources Disney brings to our state. DeSantis only wants to control capitalise on that. He's no more concerned with what's good for Disney or the state of Florida. Disney has received so much backlash from the governor they decided against expanding he is hurting Disney punishing them for speaking up. Ruining Florida. No state in the US wants to be like Floridians have no say. He appointed himself over the board he elected his own committee passes bills without Floridians consent Dictator not good for Florida or the US. His only concern is becoming president. Disney will win in the end he will disappear like his protege Trump.
I meant crating (things/attractions they've taken down) in my comment. Auto correct...
And Florida will survive because Disney has so many parks in another state and a few countries so those people won't be coming anymore and Woke Disney will be okay. More people want Disney to leave than stay, so please leave. I've also noticed they've been creating certain attractions too. They're sneaking out anyhow just don't want to us to know. Oops, too late.
Worst governor ever using tax payer money to fight his stupid thinking people of Florida dont think like him he belongs right wing federation group
Disney, period
It's the opposite of ASLEEP!
All Disney has to do is close, Fire 75,000 people in Florida and not have to pay 1.1Billuon in taxes. Hold on to the property and pay taxes on that. Then Desantis's team wins. I mean Florida is a major source for them, but between, California, Japan, Caribbean, boats, Paris, movies, and streaming they might be able to eek by just to survive. Then Florida just Wins all around.
Disney is entitled to free speech. DeSantis punished Disney for simply voicing its corporate opinion, much like dictators in other countries punish those who disagree with them. Disney’s motion here should be agreed to because it simplifies the federal case. However DeSantis now is going to do whatever makes him look good as a presidential candidate, so it’s hard to say to say if he will agree to this motion or not. One thing’s for sure: punishing the larger employer in your state because they simply excised their
1st amendment right was a stupid thing to do.
It’s totally obvious to me that DeSantis is retaliating against Disney for speaking their opinion regarding his “don’t say gay bill.” it doesn’t take a judge or lawyer or rocket scientist to figure this out. DeSantis is abusing his power in every way possible.
Disney will probably not get DeSantis and his people to agree but I think Disney will prevail in the end of they do everything properly.
Ron DeSantis is the worst thing to hit Florida since Ida. Disney was well within their rights to object to his anti gay nonsense. He's a wanna be tyrant. His supporters are dumber than rocks.
Define woke.
Another clown trying desperately to coin a phrase of stupidity. Being socially conscious will never go out of style. This Trumpian / DeSantis copycat stupidity of being anti- woke ( socially unaware ) will disappear like Trump himself soon enough. Seems to me, Be Anti woke...will make you Broke....and perhaps jailed. Just ask Trump.
District team won't agree with the motion. Its an acknowledgement Disney is losing. The counts regarding the contracts and covenants were never a federal issue but a state issue. They know they are about at the point of those contracts and covenants being struck down by the state court which in turn kills their federal case (this is why they wanted the staye case dismissed). In the end Disney has pursued a bad PR strategy instead of attempting a good legal strategy.
Disney World should follow the Florida State Law. Disney comes from California and California Laws are very different from Florida Laws.
Disney requested to remove a portion that is in both the state and federal case. No reason one issue needs to be in both cases. The judge is requiring both parties to do a sit down and see if an agreement can be made. That is common , even though I doubt an agreement can be found, if it worked it would save time, money, and free up court docket. I'm confused what is underhanded?
Are you educated or just stupid?
The first amendment guarantees the right of free speech. The supreme court has ruled that right extends to corporations. This not only means that I am entitled to speak my mind. It means that I must tolerate others speaking theirs. Government has no place suppressing free speech. Hate on Disney for their woke speech. Don't buy Disney products. Don't go to the park. Protest, peacefully, outside the park if you wish. I don't have the right to suppress either the protest or the speech. The constitution requires government to protect all speech not just speech that it agrees with.
The plaintiff was required to confer with the defendant prior to submitting the motion. Once they meet that requirement they can resubmit the motion.
I think Disney should keep pushing this Governor, he picked this fight.
Since the SCOTUS has declared that corporations have virtually the same free speech rights as individuals (if not more since they tend to have vastly more money and never die), $ the presiding judge wasn't a partisan hack, he would have laughed Desantis out of the courtroom.
Only thing I can say is thank God desantis will never get elected president
They are far from broke and they went woke decades ago
Inserting “woke” into an incomprehensible sentence doesn’t make it comprehensible.
It was a technical denial not on the substance and they technically hadn’t complied so…. I guess you are right but probably for all the wrong reasons
I think DeSantis will be more open to agreeing to a deal with disney, as between his candidacy for president and the tropical storms/hurricanes hitting the state of Florida he probably has more important issues to take up his time. Also if he's smart he will realize that by hurting disney he's hurting Florida's economy which will make things harder for all the retired voters in Florida that rely on no state income due to the economy producing enough tax revenues. If he hurts disney he hurts one the biggest revenue producers in Florida.
Anytime a tilted political system can force others to live by it's ideology, ....
your rights are violated, you are no longer free. Try looking at this from the other side of the coin. How would you feel if a state or federal government told you which religion you had to be ? It's the same principle.
Yes, Disney will probably be allowed the injunction after it is correctly filed.
And goodbye to 10's of thousands of jobs in FL. Disney is a significant reason FL has the economy it has. DeSantis attacking a company for exercising its freedom of speech, even if you don't agree with their position, is a huge overstepping of their rights by yet another conservative wannabe dictator.
DeSantis is a clown and so are all of his supporters. All hypocrites.
Not sure about the motion but absolutely positive that Disney has the right to say what they want and shouldn't be attacked because they didn't bow to the Dicktator....Also if he or any citizens of Florida is so upset about the deal Disney had I suggest they start with the other over 1,000 corporations companies getting the same arrangements starting with the Villages....
Go woke go broke Disney's they disease.. They deserve what they're coming to them
The judge was right to deny this underhanded motion by Disney.
I am not a lawyer and the nuance of this motion and the ruling to deny it from the judge is over my head. I am not able to comment on its significance.
Thanks for the honesty. Essentially, Disney wants to change their filing because right now it contains issues that are being addressed in other lawsuits at the state level. This way, the Federal case will focus on just the Free Speech claim. Disney believes DeSantis has violated free speech by retaliating against them.
However, the Disney legal team did not confer with the DeSantis legal team before filing the motion. That is against the rules. So the judge said something along the lines of NOPE you can't do that. Go discuss it and try to agree to something. If you can't agree, you can re-file.