Ron DeSantis has been having a hard time out on the campaign trail lately convincing Republican voters that he should be their presidential nominee, and the Walt Disney Company isn’t about to make things any easier for the Florida governor.
As dictated by federal court schedules, the Bob Iger-run media conglomerate filed its response today to DeSantis’ June 26 motion to toss out the Mouse House’s retaliation and free speech suit against the ambitious so-called anti-woke politician.
And Disney didn’t mince words.
“This case presents the fundamental question whether the Governor and the State can escape accountability for their open defiance of our Nation’s most cherished liberties,” Disney said Wednesday in its opposition to state defendants’ motion to dismiss (read it here).
“The Governor seeks to evade responsibility for his actions on a narrower ground, asserting that a governor cannot be held officially liable for implementing, administering, and enforcing state laws that punish residents for political statements violating a state-prescribed speech code,” the company added with personal emphasis on the notoriously thin skinned DeSantis. “The motion seeks dismissal on Article III standing, sovereign-immunity, and legislative-immunity grounds, but those principles have no application here.”
Line drawn, sand.
Disney initially filed its suit against the governor in April, claiming that he violated the company’s First Amendment rights by retaliating against its opposition to a parental rights law, also known as “don’t say gay.” Represented by legal pit bull Daniel Petrocelli and a legion of lawyers, the Mouse House also named as defendants the new DeSantis-selected board of the Reedy Creek special district, which was renamed the Central Florida Tourism Oversight District.
The company amended the suit in early May with more pugilistic quotes from DeSantis. The updated filing also included further examples of onerous Sunshine State legislation directly intended to strip Disney of its jurisdiction in and around Disney World.
“Disney’s claim in this case is that the laws reorganizing the District violated Disney’s constitutional rights,” notes today’s 28-page opposition filing. “Having demanded public credit for abrogating Disney’s Contracts, the Governor cannot escape responsibility when called to answer for that action in court, particularly before fact discovery is completed,” it added.
The current face of studio greed for many striking scribes and actors after his uncharacteristically incendiary remarks on CNBC from Sun Valley earlier this month about “not realistic” demands by the Hollywood unions, Iger had been previously earning kudos in progressive and business circles for taking the fight directly to DeSantis.
Mocked by Donald Trump and others, DeSantis has trumpeted his battle with Disney as he wages his presidential campaign. As well as accusing the Mouse House of having a progressive agenda and abusing its special district status, DeSantis is now seeking to taint the company with claims its pushes out sexualized content to children. In that now infamous interview with CNBC, CEO Iger called such claims “preposterous,” while again accusing the governor of retaliating against Disney for its eventual opposition to Florida’s so-called “don’t say gay” bill last year.
A favorite target of California Gov. Gavin Newsom, DeSantis championed an effort to strip Disney of control over a special taxing and operations district that covers its Florida theme parks. Instead, he installed his own appointees to the district. They have filed their own state lawsuit against the company, claiming that a set of development agreements between the company and the district are no longer valid. That case is weaving its way through the courts, with a potential to eventually be moved over to the federal bench.
What is unclear and perhaps pivotal is when the federal case will go to trial.
Looking at the calendar with a disruptive gleam in their eyes, Disney is calling for a start of July 15 next year, the first day of the Republican National Convention. Unsurprisingly, if they can’t get the matter tossed out beforehand, DeSantis’ team has been urging a date after the presidential election.
The impact of the political season, however, will likely end up being a moot point if DeSantis does not turn around his steadily faltering presidential campaign. Earlier this week, he reportedly laid off 1/3 of his staff amid concerns over spending compared to the amount of money being raised.
Gov. DeSantis’ office did not respond to Deadline’s request for comment on Disney’s opposition filing. If or when they do, we will update this post. The defendants are expected in the next month or so to respond to Disney’s response on the federal docket.
If past Disney earnings calls are any indication, the case could come up when Iger and other Mouse House execs talk their quarterly bottom line next on August 9.
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