The political conflict between The Walt Disney Company and the Central Florida Tourism Oversight District (formerly known as the Reedy Creek Improvement District) took another step forward following the CFTOD’s latest court filing.
Cinderella Castle
For context, Disney filed a lawsuit against the Board and Florida Governor Ron DeSantis, at which point the CFTOD Board filed a countersuit on May 1st, 2023. Then, Disney filed a motion asking the judge to dismiss the CFTOD Board’s countersuit, stating it was “moot.” The CFTOD Board filed a response to Disney’s motion to dismiss, hinting at some potential changes they predict to see going forward. Let’s break it down.
The Response
In response to Disney’s motion to dismiss, the CFTOD Board started its argument with a statement reading, “Disney’s motion is classic Imagineering, inviting the Court to make believe that reality is whatever Disney dreams up.”
Magic Kingdom Train Station
From there, the document defends the Board’s original position on the matter in which the Board asserts that the Reedy Creek Improvement District needed to change. The Board’s lawsuit stated, “Within its fiefdom, Disney wrote the laws that governed itself, chose whether and how to enforce those laws against itself, and set its own tax rate. No other Florida business, large or small, enjoyed those benefits.”
Magic Kingdom Entrance
The lawsuit also stated, “There is no question that much good came from the special status that the Florida Legislature granted Disney in 1967. But over time Disney used its influence to obtain what must have seemed like permanent exemptions from the democratic checks and balances that apply to all other Florida businesses.” In the Board’s latest filing, these key points are reiterated, along with some new points in defense of the lawsuit.
©Central Florida Tourism Oversight Board
The Board’s response reads, “Disney first tells this court that Senate Bill 1604 is a valid law that moots the District’s claims. But to make this argument, Disney must hope that this Court will ignore Disney’s claim in federal court that S.B. 1604 is unconstitutional.”
Disney vs. DeSantis
It goes on to say, “In reality, the district’s suit is a live controversy whose resolution will have an actual effect on Disney’s federal action, because if Disney’s contracts are void, nearly all of Disney’s claims in the federal case disappear.” The main argument of the response rests on a key statement: “This Case is not moot.“
©Central Florida Tourism Oversight Board
Further, the argument continues, saying, “The bottom line is that none of the factual or legal premises upon which Disney’s motion rests are true.” To sum it up, the Board argues that Disney is incorrect in its belief that the case is moot, and the outcome of the case will have “Actual effects” or “collateral legal consequences” in the federal lawsuit and “any subsequent action Disney may bring for breach of contract.”
The Potential Outcome
There was a key line in the Board’s response that indicated future actions may be taken in the case. Reading carefully, the Board suggests that Disney may bring forward a breach-of-contract case against the Central Florida Tourism Oversight District. The idea is hinted at in the line that reads, “On top of that, the Court’s ruling will also have real effects in the breach-of-contract action that Disney will surely file against the District.”
©Central Florida Tourism Oversight Board
Could Disney make the case that there was a breach of contract? We’ll have to wait and see. That said, come July 14th, the Court will have a hearing on Disney’s motion to dismiss. If the court sides with Disney, the District’s lawsuit would be dismissed. As a reminder, there are four main points outlined in the lawsuit:
A. Declare that the Development Agreement is void, unenforceable, and/or invalid
B. Declare that the Restrictive Covenants are void, unenforceable, and/or invalid
C. Issue an order enjoining Disney from enforcing the Development Agreement and the Restrictive Covenants
D. Grant such other relief that this Court may deem just and proper.
Click here to learn more about the lawsuit
On the other hand, if the court decides to move forward with the lawsuit, Disney would be open to further litigation on the matter. The court’s ruling may also impact any new court filings going forward, like the breach-of-contract case brought up by the Central Florida Tourism Oversight District.
Reedy Creek Improvement District
We will continue to watch for updates and let you know what we find.
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If only Disney management stayed out of politics this would never had happened. Walt would never do what the present management does. Trying to shove their politics down the park goers throats. Just entertain us without all that ‘crap’.
If only Disney management stayed out of politics this would never had happened. Walt would never do what the present management does. Trying to shove their politics down the park goers throats. Just entertain us without all that ‘crap’.
Without commenting on the board’s actions, I just want to point out that it’s a bunch of old, white, MEN.
This comment form and old, white, woman.
Disney SHOULD have said something & DuhSantis has a job where he should be adult enough not to get even! The USA is about people with different opinions coming together & living in peace… NOT abut hiding because your neighbor disagrees! For DuhSantis to use his political job in such a manner is truly criminal!
Since Walt Disney died in 1966 we can only speculate about how he would have responded to the current ‘leadership’ in Florida. Walt Disney World currently exists in Florida in 2023. I am sure Disney employs many people who identify as LGBTQ+. I am equally sure that Walt Disney World and the state of Florida enjoy all the money that the tourists bring to the park, many of whom also identify as LGBTQ+. Disney took a stand and made a statement of support for people that were being marginalized. The governor attacked them for it, as he admitted many times in his press conferences and even in his book. He has a right to his opinion, Disney has a right to their opinion. Everyone has the right of free speech in this country, thank God. He does not have the right to attack a company just because they disagree with his opinions. History has many lessons about what happens when people in power are allowed to foist their predjudiced views on others… Unfortunately, those lessons are in books the people in Florida probably won’t be allowed to read anymore.
A lot of folks have forgotten that it was the employees that requested Disney get involved. The LGBTQ employees and others felt that Disney had to do more to have their backs. There were “strikes” on both coast by Disney Cast members on March 22, 2022.
Meanwhile Universal is opening new lands, attractions and entire new park. We’re skipping WDW this summer because Tron not that interesting to us and it’s too depressing to see Splash Mountain with all those ugly walls around it.
If only politicians didn’t try shoving their out-of-touch beliefs and complete ignorance of the First Amendment on the citizens, including the businesses of Florida, none of this would be necessary. Thinking that everyone should kow-tow to their whims and wishes without question is the definition of an authoritarian dictatorship. Sad that some people actually want to limit the freedoms our forefathers fought for….especially on July 4th!
Ya don’t like Disney? The don’t go there or watch their programing. It’s that simple.
Janice wrote:
“Without commenting on the board’s actions, I just want to point out that it’s a bunch of old, white, MEN.
This comment form and old, white, woman.”
Democrats and their followers tell us how much they hate old white men, but then enthusiastically elect them into office.
I also remind Janice that both Bob “Paycheck” Chapek, and Bob Iger are both “old white men.”
It’s sad. All these businesses trying to get their ESG scores, LGBTQ points, & diversity & equity policies are alienating & driving away faithful customers. When will businesses learn we don’t want their politics crammed down our throats, we just want them to offer a superior service/ product? Go back to providing decent quality family entertainment without nickel & diming everyone.
Florida messing with Disney reminds me of Aesop’s fable about killing the goose that laid the golden eggs.
Bottom line is that Disney receives benefits that other companies in Florida do not have which results in making it harder for Universal, Sea World and Busch Gardens to compete. I was present when the Florida legislators were giving Disney certain benefits. At one point Disney wanted to have access to all the wetlands in that area. My father was really good friends with some of the senators and he told them to look into the future and not be so short sighted. Thankfully my father and the other senator were able to convince other members not to allow Disney to develop those areas ever otherwise can you imagine what would have happened. Level the playing field for all businesses in Florida.
Meg, how does Disney ” shove their politics down the park goers throats.” ? Do they require signing a document that park goers pledge to change political party or religion or perhaps some or all of their beliefs ?
Does Florida do a little shoving by banning books, restricting medical care (to some) and changing law and policy at the whim of the governor (in all fairness, I refer only to laws not voted on by constituency of Florida).
Ron Desantis is taking Florida back generations and attacking all the freedoms we here in Florida enjoy. Many of his draconian laws went into effect as of July 1st. He is a little man with many issues. SO because Disney exercised it’s power of free speech we now have this mess because Disney dared to go against Ronny’s “Don’t Say Gay” bill. Well, you pissed off Ronny Disney so he decided to retaliate against you! Prior to that Ronny could have given two s**ts about Disney. He even got married there. Of course when that happened he wasn’t the dictator of Florida like he is today! Whatever you do America, don’t make him a president of our beautiful country because he will take this country back many decades of progress and freedoms we have made over the past years. I hope he rides off into the Florida sunset sooner rather than later.
Oceanview8262……I agree with you! Thanks for your comment. It makes the most sense.
Hi Stephanie, interesting story but I think it’s important to remember all politicians lie, some all the time.
If people aren’t happy at Disney, take your money and go elsewhere. The other parks are NOT suffering and have subsidies or systems that allow them to benefit just as much as Disney.
It was to the advantage of all that park roads, and infrastructure, was under the parks jurisdiction. It saved Florida taxpayers money and they got better quality roads etc out of it.
It’s pretty sad that a business has to “speak up” because weird laws are being passed to marginalize people on the sly to win votes..wow just wow .
Invoking what “Walt “ would do is so “interesting” as he was a big believer of encouraging talent and supporting the individual so not sure why people think he would be on their “side”.
We are so lucky to have freedom of speech, along with a lot more as it only takes the European news to “refresh” our memory that not everyone enjoys these freedoms or liberties.
I am concerned that checks and balances are disappearing when it come to politics and the law.
I enjoy Disney as it is a safe, enjoyable trip where the parks are happy to see us all, no mater who we are.
As for the wetland dig, compared to all the parks and attractions in North American, they have done more to preserve these environments than all other entities combined.
In closing, I guaranty that other big businesses are watching this closely as the attacks are inappropriate and personal and should not exist in a democratic society,
Disney followed the call from employees to use their freedom of speech to say they opposed a law. Densantis, using the power of the government then removed privileges and planned to enforce his will on how the private business operated, even stating that he was going to have control over their productions. This is against the First Amendment which is designed to prevent government punishment for speech.
Densantis has created a series of laws that are designed specifically to push white supremacy, patriarchy, and religiosity. He’s a hateful person using his power to end freedom until only white Christian men have any power. He’s evil and I’m giving Disney more money than I ever have because of its resistance to this hate.
The Governor, et al said that this action would make all of the “special districts” in Florida play on an “even field”. Well someone should check int THE VILLAGES (which is stomping grounds for the Governor and GOP) and see what is happening there. See What that deal has done is is doing to the towns that it now surrounds..
Might be interesting to see what “equal footing is in their minds.