http://townhall.com/tipsheet/spencerbrown/2024/01/31/federal-judge-dismisses-disneys-lawsuit-against-desantis-n2634444
By Spencer Brown
Townhall
January 31, 2024
Florida Governor Ron DeSantis notched another win against Disney on Wednesday when a federal judge dismissed Disney's lawsuit claiming DeSantis and his administration wrongfully retaliated against the company after it foolishly chose to wage war against the Sunshine State's parental rights legislation.
After taking a significant hit to its bottom line and causing departures and turmoil within the C-suite, it turns out that Disney's entire campaign against Florida and its efforts to protect children while empowering parents was for naught — and only its own detriment.
U.S. District Court Judge Allen Winsor found that "Disney lacks standing to sue" Florida, the state Secretary of Commerce, and the department set up to govern the Florida land on which Walt Disney World sits and the company used to enjoy autonomy. The judge also ruled that Disney's claims against Florida officials "fails 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."
In his ruling, Judge Winsor granted Florida's motions to dismiss and entered the following judgment:
This case was resolved on motions to dismiss. Plaintiff's claims against the Governor and the Department Secretary are dismissed without prejudice for lack of subject matter jurisdiction. Plaintiff's claims against the Central Florida Tourism Oversight District board members are dismissed on the merits for failure to state a claim.
"As stated by Governor DeSantis when he signed HB 9-B, the Corporate Kingdom is over," reminded Jeremy Redfern, the governor's press secretary. "The days of Disney controlling its own government and being placed above the law are long gone. The federal court's decision made it clear that Governor DeSantis was correct: Disney is still just one of many corporations in the state, and they do not have a right to their own special government," Redfern explained. "In short — as long predicted, case dismissed."
In a response to the unfavorable ruling for the company, a Disney spokesperson claimed the "important case...will not end here" and insisted a "dangerous precedent" would be set if Florida's actions are "left unchallenged" that gives a "license to states to weaponize their official powers to punish the expression of political viewpoints they disagree with." Disney added that it is "determined to press forward with our case," though it's unclear what the company's next step would be.
This is a developing story and may be updated.
The essential American soul is hard, isolate, stoic, and a killer. It has never yet melted. ~ D.H. Lawrence
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