TALLAHASSEE, Fla. — Disney announced Thursday that it plans to appeal a federal judge's decision to dismiss the company's First Amendment lawsuit against Governor Ron DeSantis and the Central Florida Tourism Oversight District.
Disney gave the notice of appeal in the case before Judge Allen Winsor.
Wednesday, Winsor dismissed Disney’s lawsuit against Governor DeSantis and the members of his hand-picked Central Florida Tourism Oversight District (CFTOD), temporarily closing a chapter in a months-long legal battle between the two parties.
The judge ruled that Disney lacks standing to sue the Governor or the Secretary, and its claim against the CFTOD failed on the merits because “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.”
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The lawsuit, which was filed by Disney in April 2023, was dismissed without prejudice "for lack of subject matter jurisdiction," meaning Disney is free to refile it again to try to meet the standing requirements.
In a statement to CNN, a Disney spokesperson said the company was not deterred by the ruling and planned to “press forward” with its case.
“This is an important case with serious implications for the rule of law, and it will not end here,” the spokesperson said. “If left unchallenged, this would set a dangerous precedent and give license to states to weaponize their official powers to punish the expression of political viewpoints they disagree with. We are determined to press forward with our case.”
In February 2023, DeSantis signed legislation that essentially stripped Disney of its control of the Reedy Creek Improvement District, now known as the CFTOD, which was created in 1967 and given the same governing power as a county government.
The board, which is now overseen by five people selected by the Governor, has threatened to hike taxes, raise utility rates, and develop the land around the entertainment giant’s Central Florida theme parks.
Disney claimed that the law was passed in retaliation due to company leaders speaking out against the state's Parental Rights in Education bill, also known as the “Don’t Say Gay” bill, which banned certain instruction about sexual orientation and gender identity in Florida classrooms.
Disney’s then-CEO, Bob Chapek, called the bill a “challenge to basic human rights” but was criticized for largely remaining silentas the bill made its way through the Florida legislature.
The CFTOD voted to file its own lawsuit against Disney in May 2023 to maintain its control of the district.
The company amended its lawsuit against the Governor and his board four months later, dropping all of its claims except one, focusing solely on free speech.
CFTOD Chairman Martin Garcia released a statement in response to the federal court ruling on Disney's case against the district.
“I’m delighted that this lawsuit, which was nothing more than a distraction, is now behind us. Our board and the district will now continue to make the appropriate changes to operate and function as an independent government agency to promote transparency and accountability while bringing more prosperity to more people in Florida,” said Garcia.
