According to Deadline, Disney has filed a response to Ron DeSantis’ motion to throw out its lawsuit against the governor and presidential candidate.
What’s Happening:
- Disney has filed a response to DeSantis’ June 26 motion to dismiss a lawsuit in which the company claims that the governor retaliated against them and violated their protected free speech rights.
- Disney stated, "This case presents the fundamental question of whether the Governor and the State can escape accountability for their open defiance of our Nation’s most cherished liberties".
- "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 motion seeks dismissal on Article III standing, sovereign-immunity, and legislative-immunity grounds, but those principles have no application here."
- Disney originally filed a suit against the governor in April, saying he violated the company's First Amendment rights by retaliating because of its stance against the Parental Rights and Education Act.
- "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."
- DeSantis has also accused Disney of having a "progressive agenda and abusing its special district status."
- It is unknown yet when the federal case will go to trial.
- Disney is calling for a start date of July 15, 2024, which is the first day of the Republican National Convention.
- DeSantis’ team has been trying to push the date to after the presidential election.