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Republican presidential candidate, Florida Governor Ron DeSantis, speaks during a campaign rally on June 26, 2023 in Eagle Pass, Texas.
Brandon Bell | Getty Images
Lawyers for Florida Governor Ron DeSantis on Monday asked a federal court to remove him DisneyIt filed a lawsuit alleging political retaliation against the company, arguing that he and at least one other defendant are “immune” and that Disney lacks standing to sue them.
The lawyers also argued that Disney’s complaint — that DeSantis targeted the company after it denounced a controversial classroom bill that critics have called “Don’t Say Gay” — “fails to mention which claim could be awarded relief.”
A Disney spokesperson did not immediately respond to CNBC’s request for comment on the court filing.
The governor’s attempt to dismiss the lawsuit comes as he leans into his long-running battle with Disney while campaigning in the Republican presidential primary. The battle between DeSantis, the top GOP rival behind former President Donald Trump, and Disney, one of Florida’s top employers, has been brewing for more than a year.
The 27-page motion for dismissal was filed by attorneys for DeSantis and Meredith Ivey, who were hired as secretary of the Florida Department of Economic Opportunity.
In a filing in US District Court in Tallahassee, they argued: “Disney lacks standing to sue the Governor and Secretary of State, who are also immune from suit.”
The entertainment giant’s lawsuit centers on the special tax district that includes Walt Disney World in Florida, which for decades allowed the company to primarily operate there. After Disney criticized the Republican-backed classroom bill, DeSantis and his allies moved to dissolve that special tax district.
The area, formerly known as the Reedy Creek Improvement District, was eventually left intact, after concerns that neighboring counties would be heavily indebted if it dissolved. But it was renamed the Central Florida Tourism Control District, and its five-member board of directors was replaced by candidates favored by DeSantis.
Disney sealed development deals before the new board members took over. The new board members accused the company of failing their authority and voted to void the contracts, prompting the company to file suit.
Attorneys for the governor argued in filing Monday that “any injuries alleged to have resulted from the ‘clashes over territory and contracts’ could not be attributed to the defendants in the state, and that the state defendants’ order would not provide relief to Disney.”
Neither DeSantis nor Ivey enforce any of the statutes involved in the lawsuit, the attorneys wrote, and Disney’s attempts to tie them to those laws are “unconvincing.”
They argued that “signing the law does not mean ‘enforcing’ the law,” adding that “Disney’s allegations against the governor fall within his legislative immunity” and “allegations of retaliatory intent do not alter the analysis.”
Disney filed the First Amendment lawsuit in federal court in late April. Days later, the DeSantis-appointed board of directors challenged in state court. Disney filed a bid in May to have that lawsuit dismissed nationwide.
The board countered in opposition in a filing dated June 19, writing: “Disney’s motion is a classic fantasy, inviting the court to believe reality is what Disney dreams about.”
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