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The Street
The Street
Kirk O’Neil

Disney gets good news about its lawsuit against Ron DeSantis

Florida Gov. Ron DeSantis' "War on Woke" built up a head of steam beginning in 2022 as the governor embarked on a campaign against the Walt Disney Company (DIS) -) after the House of Mouse's then-CEO Bob Chapek opposed Florida's Parental Rights in Education law or the "Don't Say Gay" law.

In April 2022, DeSantis signed legislation repealing the Reedy Creek Improvement District Act and eventually dissolved Disney World's special district in June 2023. He appointed his own hand-picked board to govern the property's infrastructure. DeSantis' actions has generated lawsuits and countersuits between Disney and the governor ever since.

Related: DeSantis contentious law against Disney World affects iconic ride

But DeSantis didn't stop there. He also expanded his "War on Woke" against a Florida officeholder.

DeSantis also attacks Florida officeholder

Florida voters in 2020 re-elected Democrat Andrew Warren as State Attorney for the 13th Judicial Circuit in Hillsborough County, which led to Warren implementing new policies and advocating reforms. Warren's policies and advocacy ruffled the feathers of Republican DeSantis, who suspended the state attorney from office in August 2022 and appointed a political ally to replace him.

Warren in September 2022 filed a federal lawsuit against DeSantis, claiming he had suspended the state attorney in retaliation for his opinions on abortion and transgender rights that were protected by the First Amendment and sought reinstatement.

In both cases, the statements on abortion and transgender never became policy. Warren never distributed the statements, nor included them in materials provided prosecutors, and never trained prosecutors on them, court papers said.

U.S. District Judge Robert Hinkle ruled that the suspension violated the Florida Constitution and U.S. Constitution protections in two of six factors but nonetheless rejected Warren's claims on the merits. The judge ruled that DeSantis would have suspended Warren anyway based on unprotected activity.

Walt Disney Co. CEO Bob Iger

disney

Appeals court rules against DeSantis

The U.S. Court of Appeals for the 11th Circuit unanimously ruled on appeal that the the U.S. District Court erred in concluding that the First Amendment did not protect the activities behind those certain factors. On Jan. 10, the appeals court vacated the lower court's decision and remanded the case to the district court to reconsider whether DeSantis would have suspended Warren based solely on unprotected activities.

The decision by the U.S. Court of Appeals did not go unnoticed by the Walt Disney Company (DIS) -), as it believes the ruling provides strong ammunition for its First Amendment lawsuit against DeSantis that it filed in April 2023.

Disney on Jan. 11, filed the U.S. Court of Appeals' Warren decision with its lawsuit, according to the Orlando Sentinel, claiming that the First Amendment protections stated in the appeals court decision also apply to its lawsuit against DeSantis. 

Disney CEO Bob Iger and the company filed its lawsuit after DeSantis took control over Disney World's Reedy Creek Improvement District, claiming the governor's actions were "patently retaliatory, patently anti-business, and patently unconstitutional." The company claimed DeSantis' actions violated its First Amendment rights.

DeSantis and the Florida State Legislature dismantled the Reedy Creek Improvement District, creating the Central Florida Tourism Oversight District to oversee Walt Disney World's infrastructure in Orlando, Fla. DeSantis appointed his political allies on the new district's governing board.

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