Republican presidential candidate and Florida Gov. Ron DeSantis asked a federal judge Monday to dismiss Disney's lawsuit against him, arguing that the company's case has no merit and that he has immunity anyway.
In April, Walt Disney Parks and Resorts U.S. Inc. sued DeSantis, Florida Department of Economic Opportunity Secretary Meredith Ivey and members of the Central Florida Tourism Oversight District (CFTOD) – which houses the Walt Disney World Resort – alleging the defendants violated the company's free speech rights in a "targeted campaign of government retaliation" after the DeSantis-appointed CFTOD nullified two contracts Disney had signed this year and the state revoked the company's self-governing authority.
"The Court lacks jurisdiction over at least two defendants – the Governor and the Secretary – who are also immune from suit," DeSantis' attorneys wrote in the filing. "Although Disney has grabbed headlines by suing the Governor, Disney – like many litigants before it who have challenged Florida’s laws – has no basis for doing so. Neither the Governor nor the Secretary enforce any of the laws at issue, so Disney lacks standing to sue them."
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Members of the CFTOD board also filed a request with the court, asking the judge to either hold off on deciding the merits of the case until the board's own state lawsuit against Disney is worked out or to dismiss it altogether.
The feud between Disney and DeSantis began last year when the company publicly came out against Florida's Parental Rights in Education law, coined the "Don't Say Gay" bill by critics, which bans classroom instruction about gender identity or sexual orientation in lower grades.
DeSantis responded by pushing the Florida legislature to strip Disney's self-governing authority and create the CFTOD, which now has control over the park's development.
However, before the new board took control, Disney pushed through changes to the special tax district agreement that limited the board's action for decades.
The DeSantis board has argued that Disney’s move to retain control over its property is effectively unlawful and was performed without proper public notice.
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Disney did not immediately respond to FOX Business' request for comment on DeSantis' request to dismiss its case.
FOX Business' Chris Pandolfo and Louis Casiano contributed to this report.
