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Disney sues Florida Gov. Ron DeSantis claiming ‘government retaliation’

The Walt Disney Co. sued Florida Gov. Ron DeSantis in federal court moments after the DeSantis’ backed oversight board voted to nullify an agreement that would have let Disney retain control over its resort area. Disney claimed it was part of a “targeted campaign of government retaliation.”

“Disney regrets that it has come to this,” the lawsuit states. “But having exhausted efforts to seek a resolution, the Company is left with no choice but to file this lawsuit to protect its cast members, guests, and local development partners from a relentless campaign to weaponize government power against Disney in retaliation for expressing a political viewpoint unpopular with certain State officials,” according to the lawsuit. (Read the full lawsuit here.)

Last year, Disney came out against an education law dubbed the “Don’t Say Gay” bill that banned public school teachers in Florida from holding classroom instruction about sexual orientation or gender identity. Disney called for the legislation to be repealed and challenged.

DeSantis then went on the offensive, “I think they crossed the line,” he said during a press conference in March 2022 at the state Capitol. “We’re going to make sure we’re fighting back when people are threatening our parents and threatening our kids.”

DeSantis fought back stating it was time to get rid of the Reedy Creek District in an attempt to get back at Disney. The Reedy Creek District was created when Disney decided to move to Florida. It was formed in 1967 by a special Act of the Florida Legislature, the purpose of which is to support and administer certain aspects of the economic development and tourism within District boundaries. The district, run by Disney appointees is responsible for development, fire safety, utilities and roads.

DeSantis had the legislature change the agreement, placing his own people on the five-member board. He has most recently threatened that actions such as placing toll roads, and selling properties, or developing the land to include a state park or a prison (his people later said he joked about that) were on the table as part of the change the new board would review.

In the lawsuit, Disney cites “A targeted campaign of government retaliation—orchestrated at every step by Governor DeSantis as punishment for Disney’s protected speech—now threatens Disney’s business operations, jeopardizes its economic future in the region, and violates its constitutional rights.”

Today, the new Central Florida Tourism Oversight District (the new name for RCID), voided a Feb. 8, 2023 development agreement and restrictive covenant between Disney and the former Reedy Creek that would have neutered the state’s takeover of the district. Lawyers for the district said the agreement was unconstitutional.

Disney’s lawsuit went on to state Disney’s federal constitutional rights were violated under the “Contracts Clause, the Takings Clause, the Due Process Clause, and the First Amendment—for the State to inflict a concerted campaign of retaliation because the Company expressed an opinion with which the government disagreed.”

Florida Governor DeSantis’ Communications Director Taryn Fenske released the following statement in response: “We are unaware of any legal right that a company has to operate its own government or maintain special privileges not held by other businesses in the state.

“This lawsuit is yet another unfortunate example of their hope to undermine the will of the Florida voters and operate outside the bounds of the law.”

This is a breaking news story and will be updated as new information becomes available.

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