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Credit: PBS, Disney, edited by ITMFlorida Governor Ron DeSantis is hinging his defense against the Disney First Amendment federal lawsuit on one idea: it shouldn’t matter if he is using his political power to punish the company as long as it is “constitutional on its face.” According to the defense, the governor was simply trying to level the economic playing field in Central, and if that punishes the Walt Disney World Resort, that’s okay.
Currently, U.S. District Judge Allen Winsor is hearing arguments from Governor DeSantis’ legal team to dismiss Disney v. DeSantis, the lawsuit in which the iconic media company claims that the presidential hopeful, Florida Department of Economic Opportunity acting secretary Meredith Ivey, and the Central Florida Tourism Oversight District all violated its First Amendment rights by dissolving the Reedy Creek Improvement District (where Walt Disney World is located) in political retaliation.
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In court filings, DeSantis’ legal team is claiming that the governor is immune from prosecution in the lawsuit, citing a 2015 United States Court of Appeals, Eleventh Circuit decision that if a law is constitutional on its face, the motivations or effects of it do not matter, including if it was retaliation against a company or individual. The decision in question states:
“This Court’s precedent applying O’Brien recognizes that, when a statute is facially constitutional, a plaintiff cannot bring a free-speech challenge by claiming that the lawmakers who passed it acted with a constitutionally impermissible purpose.”
That decision is itself citing United States v. O’Brien, a 1968 U.S. Supreme Court ruling that ruled that a law against burning a draft card was not a First Amendment violation, basically because it was not intended to suppress free speech. Thus, if it did eventually violate First Amendment rights, it’s okay.
Judge Winsor is still considering oral arguments on Disney v. DeSantis, so it will remain to be seen whether this will sway him or whether the lawsuit will proceed with the governor as a defendant.
The federal lawsuit is just one of several legal battles between DeSantis and the Walt Disney Company, including a state lawsuit pitting the company against the Central Florida Tourist Oversight District, which replaced the former Reedy Creek Improvement District.
Related: DeSantis Board Member a ‘No Show’ Following Disturbing Sex Scandal
Reedy Creek was dissolved by the governor after former Disney CEO Bob Chapek made statements against the controversial Parental Rights in Education Act, which DeSantis had made a cornerstone of his publican campaign against “wokeness.” Around the same time, Disney cut off making political donations to the GOP in the state of Florida, which had been significant in the decades up until then.
The Central Florida Tourism Oversight District board of supervisors has recently been on the attack against Walt Disney World, with board chair and DeSantis appointee Martin Garcia claiming that former Reedy Creek employees had been “bribed” for years with perks like free annual passes and discounts.
We will continue to update news on Judge Winsor’s decision on the court hearing.
Inside the Magic reached out to Disney and Governor DeSantis for comment, but has not heard back by the time of publishing.
Do you buy this legal argument from the defense team? Let’s hear your thoughts in the comments below!