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The legal teams representing Disney and the Central Florida Oversight Tourism District have finished hashing out Disney’s request to amend the federal lawsuit. The results may surprise you!
Disney vs. DeSantis and the CFTOD
The legal battles between Disney and DeSantis and the CFTOD (Central Florida Tourism Oversight District) continue to move forward. Most recently, Disney filed a motion to amend the federal lawsuit.
Essentially, Disney wanted to amend the lawsuit to remove 4 of the 5 complaints. The only remaining complaint will be the constitutional claim that DeSantis violated Disney’s right to free speech with retaliatory action after former CEO Bob Chapek spoke out against Florida’s Parental Rights in Education Law.
The issues that Disney would like to remove from the lawsuit are all contractual complaints. Disney has included all of these complaints in state court in a countersuit against the CFTOD, which was filed in response to a lawsuit that the CFTOD filed against Disney. Therefore, it is redundant to address them at the federal level.
However, due to a procedural error, the judge denied Disney’s motion. The judge did state that Disney could “refile the motion after conferring with Defendants and otherwise complying with the Local Rules.” However, re-filling would not be necessary if Disney and the defendant could come to an agreement during that conference.“
Successful Amendment
Disney moved forward with the amendment, and now it has been approved. The CFTOD seemed pleased with the amendment. Alexei Woltornist, a spokesman for the CFTOD made a statement, “Disney’s latest legal move puts them in line with the position of what the district has been advocating for months now: that these matters should be decided in state court. We hope this helps expedite justice for the people of Florida.”
While Disney has dropped the contractual complaints from the federal lawsuit, it appears that there is no plan to drop the complaints entirely. A spokesperson for Disney stated, “We will continue to fight vigorously to defend these contracts because these agreements will determine whether or not Disney can invest billions of dollars and generate thousands of new jobs in Florida.” After all, Disney is continuing to pursue these complaints in state court.
Disney’s amendment was approved.
However, it appears that each side seems to think the amendment to the federal case will work out well for its own interests. We shall see what happens in the courts moving forward. Be sure to follow along at Kennythepirate.com.
Do you think this amendment will work out better for Disney or for DeSantis and the CFTOD? Let us know in the comments. And, as always, feel free to share the story.
Karadion
Friday 8th of September 2023
Debz September 8, 2023 At 2:58 pm "Disney is in a better place to win."
Based on nothing? The 5th cause of action is their weakest argument here. How was their freedom of speech impacted if at all? What is factually wrong about what I said? Do you understand how Florida law works especially when it comes to forming contracts?
Debz
Friday 8th of September 2023
I disagree with your statement. Disney is in a better place to win. DeSantis should of never went against Disney in the first place. DeSantis was in the wrong on everything he did.
Karadion
Friday 8th of September 2023
RandyC September 7, 2023 At 9:49 pm "I don’t think the method the State of Florida used to modify the former Reedy Creek"
It was done within the law and powers that the Florida state legislature is allowed to do. Laws passed by previous congresses cannot bind future congressional action. Special districts are creatures of the state which only the state can create and destroy. There is no right for anyone to keep a special district in place. Disney isn't going to win on the contracts argument because it was illegal under Florida state law. There's going to be no settlement happening because Disney is just stalling for time as much as they can even though this is costing them money on both sides of the aisle.
RandyC
Thursday 7th of September 2023
I don't see how the State of Florida retaliated against Disney by leveling the regulatory playing field Disney operates in relative to other nearby theme parks. That does not seem like retaliation to me, to give Disney the same deal as everyone else. Regarding the state litigation over the contracts, I am not sure how this will turn out. I don't think the method the State of Florida used to modify the former Reedy Creek was performed in a manner consistent with the old Reedy Creek agreements, but I also do not think Disney has the right to essentially control the old Reedy Creek via Disney's board appointments in perpetuity. A fair settlement of these matters is long overdue and both sides can use some good news now. Make a settlement happen, gentlemen.