DeSantis claims immunity, seeks to have Disney lawsuit dismissed
TAMPA, Fla. (WFLA) — Florida Gov. Ron DeSantis claimed immunity in a motion filed Monday to have a judge dismiss a lawsuit brought against him by Disney over what the company called government retaliation.
The motion states that the court doesn’t have jurisdiction over DeSantis and Meredith Ivey, the acting secretary of the Florida Department of Economic Opportunity.
“The Governor also is entitled to legislative immunity, which shields both governors’ and legislators’ actions in the proposal, formulation, and passage of legislation,” according to the motion.
The filing says Disney has no basis to sue because neither DeSantis or the secretary are the ones who enforce the law at the center of the lawsuit.
“Disney — like many litigants before it who have challenged Florida’s laws — has no basis for doing so,” according to the document.
The feud between DeSantis and Disney started last year after the company, in the face of significant pressure, publicly opposed legislation concerning lessons on sexual orientation and gender identity in early grades that critics called “Don’t Say Gay.”
As punishment, DeSantis took over Disney World’s governing district through legislation passed by lawmakers and appointed a new board of supervisors.
“Special districts in Florida typically operate for limited governmental purposes — water-management services, for example,” the motion reads. “RCID’s powers, however, gave Disney carte blanche to govern itself. Local taxes? Disney set them. Building and safety codes? Disney set those, too. Caps on land development? Disney made the final call. Disney could exercise eminent domain, permitting it to annex territory even outside the District’s borders, all without legislative approval. It could build and operate an airport, or even a nuclear power plant.”
Before the new board came in, the company signed agreements with the old board made up of Disney supporters that stripped the new supervisors of design and construction authority.
In response, the Republican-controlled Florida Legislature passed legislation allowing the DeSantis-appointed board to repeal those agreements and made the theme park resort’s monorail system subject to state inspection, when it previously had been done in-house.
Disney filed a First Amendment lawsuit against the Florida governor and the DeSantis-appointed board in April, claiming violations of free speech and the contracts clause. The DeSantis-appointed board, known as the Central Florida Tourism Oversight District, sued Disney in state court in Orlando seeking to void the deals the company made with the previous board.
The Associated Press contributed to this report.