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Disney is continuing its fight against Ron DeSantis’ politics and policies in a new legal filing against the Central Florida Tourism Oversight District (CFTOD), which oversees Disney World’s area of Florida. Disney alleges that DeSantis’ government organized the CFTOD to nullify contracts it had with a previous government organization, so it’s countersuing the government for breach of contract and asking a judge to enforce the contract. The company is seeking unspecified damages.
The countersuit, reviewed by Rolling Stone, is included in an answer to the CFTOD’s March filing, asking a judge to enjoin the company for allegedly failing to provide notice of a public hearing about the contracts, not complying with jurisdictional restrictions, “unlawful delegation of governmental authority to private entity,” and other charges. Disney’s answer denied all of these allegations.
The heart of their countersuit lies in how Disney perceives DeSantis’ comments about the company as allegedly retaliating against statements it made against his policies. In March 2022, Florida’s legislature passed the Parental Rights in Education Act, a.k.a. the “Don’t Say Gay” law. When Disney’s then-CEO Bob Chapek called DeSantis with concerns about the law, the suit says, DeSantis allegedly said, “You shouldn’t get involved[;] it’s not going to work out well for you.” After the bill was passed, Disney released a statement objecting to it and DeSantis said the company “crossed the line” and vowed to “make sure we’re fighting back.” A state representative, Spencer Roach, allegedly threatened retaliation by suggesting to strike down the Reedy Creek Improvement District (RCID), which oversaw Disney’s part of Florida, as a way regulate the area “if Disney wants to embrace woke ideology.” The Senate followed through, seeking to do away with the RCID.
Before the RCID was dissolved though, Disney entered into a Development Agreement, which the RCID board approved and both sides signed on Feb. 8, 2023. “Down to the square foot, the maximum development program specifies how much mixed-use commercial space for offices and retail/restaurants Disney can build through 2032,” the lawsuit says. “The maximum development program also approves one additional major theme park and two additional minor theme parks for construction through 2032. Finally, the maximum development program approves 14,000 additional keys for hotels and resorts.” This also impacts what the lawsuit describes as a Comprehensive Plan overseeing the area.
DeSantis approved a law striking down the RCID on Feb. 27, establishing the CFTOD. At a March board meeting, its members claimed to have just discovered the contracts Disney had with the RCID. The next month, DeSantis announced “the agreements will be nullified by new legislation that I intend to execute. … I look forward to the additional actions that the state control board will implement in the upcoming days.” The CFTOD board then voted unanimously to render the contract void.
In its claim of breach of contract, Disney said that the company “has suffered and will continue to suffer damages, including consequential damages.” Disney is also suing for “declaratory relief,” essentially asking a judge to enforce the contract, and for “specific performance” requiring the CFTOD to hold up their end of the RCID agreement, among other claims. Other counts in the lawsuit include claims that Florida prohibited the course of due process in its actions and that DeSantis’ alleged retaliation is unconstitutional since he was attacking the company’s right to free speech.
Reps for both the CFTOD and Disney did not immediately reply to Rolling Stone’s requests for comment.
DeSantis meanwhile, is still attempting to challenge Donald Trump for the Republican nomination in the 2024 presidential race. Unfortunately for him, a memo detailing his debate strategy leaked on Friday. Meanwhile, news broke earlier this month that Florida schools have begun limiting which Shakespeare plays they teach because of the Parental Rights in Education Act. Apparently, some of Shakespeare indulges “raunchiness.”
Reps for both the CFTOD and Disney did not immediately reply to Rolling Stone’s requests for comment.
Earlier this week, DeSantis told CNBC that he feels like he’s “moved on” from Disney’s lawsuit: “They are suing the state of Florida. They are going to lose that lawsuit. So what I would say is, ‘Drop the lawsuit.’”
