In a Major Blow, Federal Judge Dismisses Disney’s Case Against DeSantis

This afternoon, Federal Judge Allen Winsor dismissed the Walt Disney Company’s First Amendment lawsuit against Florida Governor Ron DeSantis, saying that the Governor and the Florida Legislature were within their rights to strip Disney World of the Reedy Creek Improvement District and replace it with the Central Florida Tourism Oversight District. Winsor also said that allowing Governor DeSantis to appoint every member to the new Board was “facially constitutional.”

Related: Disney’s Case Against DeSantis Hinges on Judge’s Interpretation of One Case

Shortly after the decision was released, a spokesperson for the Walt Disney Company released a statement saying:

This is an important case with serious implications for the rule of law, and it will not end here. 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.

Disney sued Florida Gov Ron DeSantis and the Central Florida Tourism Oversight District, claiming they violated the company’s First Amendment Rights. Disney claimed that DeSantis and the Florida Legislature only stripped the Reedy Creek Improvement after former CEO Bob Chapek spoke out against Florida’s Parental Rights in Education Law, known by its critics as the “Don’t Say Gay” Bill.

Related: Disney’s Case Against DeSantis Will End in the Florida Supreme Court, Where a Conflict of Interest Awaits Them

Lawyers for Governor DeSantis argued that he had “legislative immunity” and, therefore, could not be held responsible for the laws passed by the Florida Legislature. In their argument, lawyers for Disney argued that DeSantis had control over the Board and worked with the legislature to craft a law to punish Disney.

In his decision, Winsor said that Disney had suffered “constitutional injury,” but it was at the hands of the Central Florida Tourism Oversight District and not Governor DeSantis. Winsor wrote:

To the extent the Governor contributed to Disney’s injury by appointing CFTOD board members, that action is in the past. Because Disney seeks injunctive relief, it must allege an imminent future injury, and it has not alleged facts showing that any imminent future appointments will contribute to its harm.

Disney still has a case pending in State Court against the Central Florida Tourism Oversight District, claiming that the District and its Board violated the Contract Clause of the Constitution. Lawyers for the CFTOD sought to have that case thrown out as well.

Disney had hoped that a First Amendment case filed by Tampa prosecutor Andrew Warren against Governor DeSantis would help to strengthen its case. However, it did not appear to support Disney’s cause in this case.

This isn’t the first time District Judge Allen Winsor has ruled in favor of Gov DeSantis without a trial. In November, Winsor, a former President Donald Trump appointee, ruled against the NAACP and Vote.org in a case regarding a provision in Florida’s Voter Registration Act. The NAACP and Vote.org claimed that a portion of the law that required “original signatures” on votes by mail would deny people in Florida the right to vote. Winsor ruled in favor of the state without a trial.

Disney will likely appeal the decision and still has its case against the CFTOD in State Court to worry about.

We will continue to update this story at Disney Fanatic.