There is always the possibility that cooler heads will ultimately prevail. The Walt Disney Company and Florida Governor Ron DeSantis will realize they need each other, and all this mess will disappear. The two parties will come to a mutual understanding that benefits both of them, and that will be the end of all this. Cooler heads prevail, and that's the end of it. But then again, probably not.
Disney and Governor DeSantis have dug in, so this will be long. The Disney Company and Gov DeSantis are currently arguing over the judge, so if we are to read that as a sign, we will be here for a while.
But no matter what side wins, both Disney and DeSantis will be making legal history, and according to the Wall Street Journal, this will most likely end up in the Supreme Court.
There are several issues that Disney is arguing. First and foremost, by passing retaliatory bills, Gov. DeSantis and the Florida Legislature trampled Disney's First Amendment Rights. The First Amendment claim is reasonably easy to prove, but the claims of retaliation by DeSantis might be a little more complicated.
Emory University Law Professor Alexander Volokh told the Journal:
It's easy to know that DeSantis is retaliating against Disney for its political views and political activity, but that doesn't mean it's easy to show it legally in a case.
Disney's legal team uses Florida Governor Ron DeSantis's words against him. As part of its evidence, Disney used DeSantis' autobiography, in which he openly says that he made sure Disney was stripped of its self-governing district due to the company's response to Florida's “Don't Say Gay” law.
The second issue is that removing the Reedy Creek Improvement District and installing the Central Florida Tourism Oversight District, DeSantis, and the Florida Legislature violated the Walt Disney Company's contract with the state when it opened the Magic Kingdom in 1971.
Disney's argument comes from the Contract Clause of the Constitution, which bars states from passing laws impairing the obligation of contracts. There is one slight problem with this argument. The Supreme Court has struck down a state law under the Contract Clause since 1978. Disney may be about to break that streak.
No matter what happens, this will be a long, drawn-out legal battle between the Walt Disney Company and Florida Governor Ron DeSantis. And eventually, it will land in the Supreme Court, but that won't be for years. Either way, future legal scholars may be looking at Disney v. DeSantis for precedent for years to come.
We will continue to update this story at Disney Fanatic.
