The Supreme Court Sides With DeSantis in Punishing Disney World Cast Members

The Florida Legislature passed HB 1365 earlier this year, and Florida Governor Ron DeSantis signed it. The bill essentially criminalized homelessness by making it illegal to sleep on public property throughout the state.

A person in a suit holding a microphone stands next to a person dressed as Mickey Mouse, who is waving. In the background, there is a large American flag. To the left, there is a large pile of money, reminiscent of Ron DeSantis's campaign events. — Credit: Inside The Magic

When Governor DeSantis signed the law, he claimed that it would restore “law and order” in the state and that homeless people would receive the support they needed to find affordable housing. However, with some affordable housing options on the way, it doesn’t solve homelessness now.

Ironically enough, the bill passed by the Florida Legislature was based on similar legislation passed by cities in California and other parts of the West that are dealing with their homeless crisis.

California laws passed during this session were before the Supreme Court; today, the court released its decision. In a 6-3 decision, the Supreme Court ruled that it is not a “cruel and unusual” punishment for city officials to forbid homeless people from sleeping on the streets or in parks.

Disney cast members looking in their wallets and purses at Disney World and Disneyland. — Credit: Inside The Magic

The six conservative court members ruled in the majority, while the three liberal members dissented.

Supreme Court Associate Justice Neil Gorsuch wrote in the majority decision:

Homelessness is complex. Its causes are many. So may be the public policy responses required to address it. At bottom, the question this case presents is whether the 8th Amendment grants federal judges primary responsibility for assessing those causes and devising those responses. It does not.

Ann Oliva, chief executive of the National Alliance to End Homeless, condemned the decision, telling the Los Angeles Times:

This decision sets a dangerous precedent that will cause undue harm to people experiencing homelessness and give free rein to local officials who prefer pointless and expensive arrests and imprisonment rather than real solutions.

At a time when elected officials need to be focused on long-term, sustainable solutions that are grounded in evidence — including funding the affordable housing and supportive services that their constituents need — this ruling allows leaders to shift the burden to law enforcement. This tactic has consistently failed to reduce homelessness in the past, and it will assuredly fail to reduce homelessness in the future.

Image of a person dressed as Cinderella and a person suited as Mickey Mouse holding picket signs saying "unionize!" in front of the Disney company headquarters. — Credit: Inside The Magic

Homelessness and Disney World Cast Members

When the Florida Legislature passed its original law, there was concern that it would directly impact the Walt Disney World Resort cast members. The exact number of cast members who are homeless is unknown, but some estimates put the amount at around 10 percent.

While Disney World cast members agreed with Disney over a pay increase last year, housing prices in Central Florida have drastically increased over the past 18 months, making affordable housing more difficult to obtain.

Disney cast members posing in a frame that reads "we are the magic" — Credit: Disney

A recent report from the Orlando Sentinel suggests that DeSantis and the Florida Government intended to go much further to eradicate homelessness in the state, including making it easier to commit homeless people to mental institutions involuntarily and banning local governments from instituting “housing first” initiatives which treat homelessness as a housing problem rather than a mental illness, drug, or disability problem.

Some local municipalities have banned Walt Disney World cast members who struggled with housing prices from sleeping in their cars. Kissimmee, a few miles from the Walt Disney World Resort, recently proposed legislation allowing homeowners to turn their garages into apartments to help ease the affordable housing crisis in Central Florida.

The conservative think tank that helped write a new Florida law that implicitly criminalizes homelessness also wants state leaders to make it easier to involuntarily commit people and to cancel "housing first" support programs. Via @byRyanGillespie https://t.co/dcqYUpHA6N

— Jason Garcia (@Jason_Garcia) May 5, 2024

However, this new Supreme Court decision makes it easier to enforce laws that criminalize homelessness and punish people who are forced to sleep in public spaces.

What do you think is the best solution for homeless Disney World cast members?