The Central Florida Tourism Oversight District (CFTOD) filed a motion to dismiss with the Orange County court today, October 18, 2023, against Disney’s countersuit.
Central Florida Tourism Oversight District Files Motion to Dismiss Disney Countersuit
In August, Walt Disney World responded to CFTOD’s lawsuit in a 55-page filing, denying the District Board’s claims and countersuing them for Breach of Contract, violations of the Florida Constitution, and more. Disney asked the judge to declare Senate Bill 1604: Land Use and Development Regulations unconstitutional, or order that the District cannot enforce the bill. Now, the CFTOD has filed a motion to dismiss this countersuit, asking the judge to throw it out.
In the 32-page motion to dismiss, CFTOD primarily defended the motion by stating that the Restrictive Covenants and Development Agreement are null and void under state law. Additional CFTOD arguments to throw out the countersuit from Disney include that the agreements are invalid, the legislature did not ratify the agreements, Disney did not adequately plead what damages have been made, damages are speculative, and other legal considerations such as Disney’s requested injunction is legally improper. The motion to dismiss also notably states that Disney’s claims of violation of free speech are not valid because they only came on the heels of the legal suit.
The Disney-DeSantis Feud
This motion to dismiss is the latest installment in the overall, long-running feud between Disney and Florida Governor Ron DeSantis, who hand-picked members of the Central Florida Tourism Oversight District board when the Reedy Creek Improvement District was dissolved.
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 Central Florida Tourism Oversight District 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.
DeSantis has previously argued that he is attacking a 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 Central Florida Tourism Oversight District 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.
DeSantis said in a recent CNBC interview that he has “moved on” from his battles with The Walt Disney Company, and wants the whole issue to be dropped.
What do you think of this motion to dismiss? Let is know in the comments.
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