After a hearing earlier this month, Judge Margaret H. Schreiber has ruled to not dismiss the Central Florida Tourism Oversight District Board of Supervisors’ lawsuit against The Walt Disney Company.

Disney filed a federal lawsuit against the Board and Florida Governor Ron DeSantis in late April for “declaratory and injunctive relief.” The CFTOD Board filed a state countersuit on May 1, which is the suit in question.

In mid-May, Disney filed a motion asking Schreiber to dismiss the countersuit because it was “moot.” The motion stated that Florida law requires the court to stay the lawsuit until Disney’s own federal lawsuit against the Board and Governor DeSantis is resolved.

The CFTOD Board fired back, stating, “Disney’s motion is classic Imagineering, inviting the court to make believe that reality is whatever Disney dreams up.”

Schreiber determined the Board’s lawsuit was not moot.

Governor DeSantis previously filed a motion to dismiss Disney’s federal lawsuit against him and the Board, but things are happening quicker with the state lawsuit than with the federal one.

A History of the Disney-DeSantis Feud

The Florida Governor and Walt Disney Company initially clashed over the corporation’s opposition to a much-debated and controversial Florida law regarding classroom instruction and discussion on sexual orientation and gender identity in public schools, alongside various other recent state laws and proposals in a similar vein.

Bob Chapek was Chief Executive Officer at the time and initially remained silent and passive on the issue — until massive internal criticisms from Cast Members, the LGBTQ+ community, and controversy over Disney’s practice of making hefty political contributions to campaigns and individuals allegedly against their own stated human principles came into focus.

In an apparent act of retribution over Chapek’s expression of dissent, the Governor moved forward with various verbal and legal assaults on Disney, including the dissolution of the Reedy Creek Improvement District and eventual transfer of power directly under his control. DeSantis argues he is attacking an incredibly vague perception of something he calls “woke politics,” allegedly invading the state — frequently stating his intention to put the people of Florida first through these actions and the newly-formed CFTOD board:

Disney has gotten away with special deals from the state of Florida for way too long. It took a look under the hood to see what Disney has become to truly understand their inappropriate influence.

Every member of this governing body has been a handpicked ally of the Governor thus far, including a Christian nationalist and lawyer who donated $50,000 to the DeSantis gubernatorial campaign, among others. In May, an administrator for the district (Glen Gilzean) was also appointed, with a significantly increased $400,000 salary directly related to ongoing DeSantis-led legal fights regarding Disney and several other issues around the state. The legal expenditures made by the Governor are being funded by Florida taxpayers.

Critics worry the role and its new incumbent could be weaponized for further orchestrated attacks, fines, and intentionally disruptive impediments on Walt Disney World, and that Gilzean himself is essentially receiving compensation to be aligned with the Governor’s whims. Daniel Langley, special general council for the district, alternatively describes the Administrator as “another tool in the toolbox for enforcement.”

Currently, Gilzean is the Chair of Florida’s Commission on Ethics, a position Governor DeSantis appointed him to. The Commission “renders legally binding advisory opinions interpreting the ethics laws and implements the State’s financial disclosure laws.” Recently, it rejected a complaint from the MAGA Inc. Super PAC backing Donald Trump, which claimed DeSantis was violating campaign finance laws and running a “shadow” campaign for President (via AP News).

After heated exchanges and dramatic actions taken by the Governor alleged to be intentionally harmful punishments, The Walt Disney Company sued him and his newly handpicked board not long after Bob Iger’s return as CEO, citing a “targeted campaign of government retaliation — orchestrated at every step by Governor DeSantis as punishment for Disney’s protected speech.” The plaintiff argues that this chronology of events “threatens Disney’s business operations, jeopardizes its economic future in the region, and violates its constitutional rights.”

The Walt Disney Company is suing for “declaratory and injunctive relief.” Injunctive relief forces a party to act in a certain way or prevents them from doing various things. An “injunction” is sometimes known as a restraining order.

Disney regrets that it has come to this, but having exhausted efforts to seek a resolution, the Company is left with no choice but to file this lawsuit to protect its cast members, guests, and local development partners from a relentless campaign to weaponize government power against Disney in retaliation for expressing a political viewpoint unpopular with certain State officials.

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