News Reedy Creek Improvement District and the Central Florida Tourism Oversight District

[DCBaker]

Here is a link to the full dismissal document.

"The motions to dismiss (ECF Nos. 93, 94) are GRANTED. The clerk will enter a judgment that says, “This case was resolved on motions to dismiss. Plaintiff’s claims against the Governor and the Department Secretary are dismissed without prejudice for lack of subject matter jurisdiction. Plaintiff’s claims against the Central Florida Tourism Oversight District board members are dismissed on the merits for failure to state a claim.”
The clerk will close the file.

SO ORDERED on January 31, 2024."

https://storage.courtlistener.com/recap/gov.uscourts.flnd.463456/gov.uscourts.flnd.463456.114.0.pdf

 

[castlecake2.0]

What’s next? Anything?

 

[SplashJacket]

Judge dismisses Disney lawsuit against DeSantis, others

Breaking now

That's why your vote matters. As we've seen time and time again. The corrupt win if we let them seize power.

 

[EvilChameleon]

So it's you then.

 

[wdwmagic]

What’s next? Anything?

There has to be an appeal I would think.

 

[IanDLBZF]

There has to be an appeal I would think.

Me as well and I think this is going to go to a higher court.

 

[Touchdown]

There has to be an appeal I would think.

Highly unlikely to succeed though, this was dismissed prior to trial.

 

[JohnD]

Me as well and I think this is going to go to a higher court.

It's a Federal Court in Tallahassee. Not a state court. Not sure any court higher up would have any interest.

 

[Sirwalterraleigh]

Anyone remember the movie Wag the Dog?

We basically have been living in it for 10 years…a media driven circus/sideshow that showcased liars and grifters

…details not coming at 11

 

[Surferboy567]

Wait? How did this happen, this seems pretty cut and dry and they didn’t even allow it to have a trial?

All this waiting for nothing? Corruption? I can’t tell.

Does this also mean the board’s lawsuit is also gone?

 

[Dranth]

Is anyone really surprised by this though? As soon as the first judge bowed out and Winsor was selected this was pretty much a foregone conclusion in my mind.

 

[ZachPL]

Highly unlikely to succeed though, this was dismissed prior to trial.

It get's appealed to the 11th circuit, being dismissed prior to trial is an even higher bar that has to be reached by the judge. So I wouldn't say it's Highly unlikely to succeed. At least at this point.

Is anyone really surprised by this though? As soon as the first judge bowed out and Winsor was selected this was pretty much a foregone conclusion in my mind.

A federalist society member whos views directly align with trump and desantis. Frankly it was expected.

 

[JohnD]

Here's what everyone needs to know.

"Disney has alleged enough to show standing to sue the CFTOD Defendants. Disney has not, though, shown standing to sue the Governor or the Secretary." (p. 5 of https://storage.courtlistener.com/recap/gov.uscourts.flnd.463456/gov.uscourts.flnd.463456.114.0.pdf)

In other words, this suit is dismissed. Go back to the drawing board and re-work your suit against CFTOD only.

 

[mikejs78]

Highly unlikely to succeed though, this was dismissed prior to trial.

Not sure why you say it's unlikely to succeed. Motions to dismiss are overruled on appeal all the time. If the appeals court feels Disney does have standing to sue, they remand back to the judge.

Here's what everyone needs to know.

"Disney has alleged enough to show standing to sue the CFTOD Defendants. Disney has not, though, shown standing to sue the Governor or the Secretary." (p. 5 of https://storage.courtlistener.com/recap/gov.uscourts.flnd.463456/gov.uscourts.flnd.463456.114.0.pdf)

In other words, this suit is dismissed. Go back to the drawing board and re-work your suit against CFTOD only.

That's true, but there is still the appeal. The appeals court seems to be a bit less friendly to DeSantis than some of the district courts are.

 

[flynnibus]

Here's what everyone needs to know.

"Disney has alleged enough to show standing to sue the CFTOD Defendants. Disney has not, though, shown standing to sue the Governor or the Secretary." (p. 5 of https://storage.courtlistener.com/recap/gov.uscourts.flnd.463456/gov.uscourts.flnd.463456.114.0.pdf)

In other words, this suit is dismissed. Go back to the drawing board and re-work your suit against CFTOD only.

I think you missed where he said

" and its claims against the CFTOD Defendants fail on the merits because “when a statute is facially constitutional, a plaintiff cannot bring a free-speech challenge by claiming that the lawmakers who passed it acted with a constitutionally impermissible purpose.” In re Hubbard, 803 F.3d 1298, 1312 (11th Cir. 2015). "

He basically shutdown Disney's claims of retaliation purely on the Hubbard case.

 

[Surferboy567]

This could set a new precedent for cases like this.

 

[IanDLBZF]

Statement from Disney:

This is an important case with serious implications for the rule of law, and it will not end here. If left unchallenged, this would set a dangerous precedent and give license to states to weaponize their official powers to punish the expression of political viewpoints they disagree with. We are determined to press forward with our case.

 

[Dranth]

This could set a new precedent for cases like this.

If it stands then it sure will.

I look forward to all the people who would celebrate a decision like this being consistent and celebrating it when other states start using it to target other companies.

 

[flynnibus]

The recurring theme is the judge feels the law was 'facial constitutional' and because it doesn't single out Disney by name or text... well it can't be an exception to the tests in Hubbard.

Basically the judge wanted no part in hearing anything that wasn't literally the words on paper in the law.

 

[wdwmagic]

Just shut up Disney and entertain…..Universal just released a company announcement for Epic Universe and how they will entertain their guests. Disney is continues alienate half of their customer base.

If Universal were in Disney's position, they may very well take a different view.