The battle between Walt Disney World and Florida Governor Ron DeSantis just took a turn that could end up being bad news for the Walt Disney Company. After the state successfully challenged Judge Mark Walker and got him to recuse himself from the case, the new judge has been appointed, and Judge Allen Winsor could be exactly the Judge that DeSantis was looking for.
Judge Winsor was appointed to the Federal bench by Former President Trump in 2019. Insider reports that the Judge already dismissed one lawsuit against Florida pertaining to the Parental Rights in Education Act, called “Don’t Say Gay” by detractors. It was this law that The Walt Disney Company was speaking out against when it argued the state began a campaign against it, punishing the company by stripping its special district of its rights and protections, while other Florida special districts have remained untouched.
What’s Happening In The Federal Case Between Disney And DeSantis
Florida had challenged Judge Walker based on statements he had made in other cases that the Florida legal team argued showed that the Judge had a bias against the state when it came to Disney’s primary claim in their lawsuit, that they are being retaliated against by the state, in violation of the company’s First Amendment Rights. Walker ended up recusing himself for unrelated reasons, though he took a shot at the Florida lawyers for “judge shopping” as he did so.
For what it’s worth if judge shopping was the goal, the state appears to have succeeded. A more conservative judge will certainly be seen as a big win by the DeSantis team. While that certainly isn’t a guarantee that the state’s case will win, it likely increases those odds.
The new judge has already put together a timeline for dealing with the case, including a motion to dismiss on the part of Florida. Assuming the case does move forward, it looks like pre-trial motions will be completed by mid-August.
What’s Going On In The State Case Between Disney And The Central Florida Tourism Oversight Distict
While the Federal lawsuit brought by Disney is a big deal, there is also a second ongoing lawsuit. Disney is being sued by the Central Florida Tourism Oversight District, the new special district that was created earlier this year by a new Florida law, one of those Disney is arguing is retaliatory. A pre-trial hearing has been set for July 14th in that case. The CFTOD is looking to have a Declaration of Restrictive Covenants, ruled invalid. The declaration was entered into between Disney World and the Reedy Creek Improvement District, the predecessor to the CFTOD and it gives Disney World control over several thousand acres of land within Walt Disney World.
Disney has filed a motion to have this lawsuit dismissed, arguing that, due to another of the recent Florida laws, which allows the new district board to undo the deal with the old district board, the lawsuit is unnecessary and irrelevant. It’s unclear what will be specifically dealt with at the hearing though the motion to dismiss may be handled then.
