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Federal Judge Dismisses Disney Lawsuit Against DeSantis

The company had claimed that the Florida governor and his allies violated its First Amendment rights by taking over a special tax district that governs Walt Disney World.

A large crowd of people walking by a merry-go-round with Disney’s Magic Castle in the background.
The Walt Disney Company and Gov. Ron DeSantis of Florida have been sparring over Disney World for nearly two years.Credit...Todd Anderson for The New York Times

In a significant victory for Gov. Ron DeSantis of Florida, a federal judge on Wednesday threw out a lawsuit filed by the Walt Disney Company claiming that Mr. DeSantis and his allies violated the First Amendment by taking over a special tax district that encompasses Walt Disney World.

Disney said it planned to appeal the ruling.

Disney and Mr. DeSantis, who recently ended his campaign for president, have been at odds for nearly two years over Disney World, the 25,000-acre theme park and resort complex south of Orlando. Angered over Disney’s criticism of a Florida education law that opponents called anti-gay — and seizing on an opportunity to score political points with supporters — Mr. DeSantis took over the tax district, appointing a new board and ending the company’s long-held ability to self-govern Disney World as if it were a county.

Before the takeover took effect, however, Disney signed contracts — quietly, but in publicly advertised meetings — to lock in development plans worth some $17 billion over the next decade. An effort by Mr. DeSantis and his allies to void the contracts resulted in dueling lawsuits, with Disney suing Mr. DeSantis and the tax district in federal court and the new appointees returning fire in state court.

On Wednesday, Judge Allen Winsor of U.S. District Court for the Northern District of Florida in Tallahassee dismissed Disney’s case in its entirety. The lawsuit had accused Mr. DeSantis of a “relentless campaign to weaponize government power against Disney in retaliation for expressing a political viewpoint.” The campaign, the company had added, “now threatens Disney’s business operations, jeopardizes its economic future in the region and violates its constitutional rights.”

But Judge Winsor found that the law giving Mr. DeSantis control of the special tax district was written in a way that — on its face — did not allow Disney to claim retaliation, mostly because Disney was not the only landowner affected.

“It is settled law that ‘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,’” he wrote in his ruling.


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