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News Reedy Creek Improvement District and the Central Florida Tourism Oversight District
- Thread starter castlecake2.0
- Start date
Chi84
Premium Member
There are jurisdictional issues here. The lawsuit is brought under the US constitution. I didn’t read what she said, but was she asking why the state legislature wasn’t named as a defendant in the federal suit?
Brian
Well-Known Member
She didn't ask why they didn't name the legislature, at least from what I saw. I believe her argument was more a political one than a legal one (which is fair, considering she was on TV, not arguing the case before a judge) , but I infer from her statement that she is acting as though DeSantis was not involved in the retaliatory legislation coming to be.
Vegas Disney Fan
Well-Known Member
Here's an article about that.
"Florida’s Attorney General doesn’t understand why Ron DeSantis is a defendant in Disney’s lawsuit against the state.
In comments made on Fox & Friends, Ashley Moody said she was stumped about why DeSantis was named, even though the Governor has spent weeks trashing and targeting the entertainment company in speech after speech.
She suggested that even though the Governor signed legislation changing Disney’s special district, he somehow wasn’t responsible.
“You know, it was the Florida Legislature and the Central Florida Oversight Board (SIC) that took actions that effectively eliminated special privileges or a self-governing authority of Disney,” Moody said.
“So it puzzled me, and you wonder if it was an attempt by Disney, maybe to put pressure on this Governor to shut him up, to make him stop talking about these privileges or maybe stop talking about their change in approach to kids,” she speculated, referring to the company opposing 2022’s Parental Rights in Education law."
Full article below.
Ashley Moody ‘puzzled’ by Disney naming Ron DeSantis in its lawsuit against the state
The AG said Disney was putting 'pressure on this Governor to shut him up.'floridapolitics.com
In other words they have no defense for everything he’s said so their only hope is somehow distancing him from the case.
Most of us have been saying (from day 1) that the comments by DeSantis were guaranteeing a first amendment victory… now it looks like the AG is implying it also.
Figgy1
Premium Member
You owe me a great cup of coffee and a new keyboard
Sovereign immunity would apply in that instance.
Florida waived sovereign immunity for tort actions under Section 768.28. Can the harm Disney say it has endured be considered "injury or loss of property...caused by the negligent or wrongful act or omission of any employee of the agency or subdivision while acting within the scope of the employee’s office..."?
If so, then any monetary damages Disney would seek are limited by statute to $200,000. Any amount above that must have Legislative approval.
He certainly wasn't going to veto it.
mikejs78
Premium Member
Well, the other thing he could have done differently is not called the special session to do this very thing. And by the FL constitution, the legislature can only address items in the special session that are in the Governor's proclamation.
So he had that extra legal hand in it that wouldn't have been there if this had been done in general session.
Correct. The regular session was scheduled to begin the following month. This bill could have been handled during then. But then it would have been lost in the noise of all the other bills.
@JohnD, do you ever remember any special session so close to the start of regular session? Especially once the governor submitted his budget?
Smiley/OCD
Well-Known Member
The people (mainly conservatives) who dislike or even HATE Disney are going to defend DeSantis’s side no matter what…and I can assure you that most will not even take 10 minutes to attempt to educate themselves on the case…
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tissandtully
Well-Known Member
At what point is Disney gonna tack on defamation as well? Gov keeps lying about taxes.
mikejs78
Premium Member
Very hard to sue an elected official for defamation.
There is almost no way Disney loses this court case. It is so clear that the February 8th bill is direct retaliation for Disney's free speech rights. The power taken by the state is designed to harm Disney. Florida's best argument is Disney has no rights to run a government and the first bill just eliminated the RCID. That could stand if the courts stretched a bit but I don't think it's in anyone's interest because the RCID bonds would be the responsibility of the counties unless the court included the bonds in damage caused by the State and DeSantis, but that would be a huge stretch and something I seriously doubt the courts would get involved with unless the counties filed their own briefs supporting Disney.
So where will we wind up in the end? Either the original RCID will be restored or it will be gone and Disney will be under the 2 counties jurisdiction. However, in either case the DeSantis board will be gone. The February 8th bill will go down either in a summary judgment or at the end of the case. However, they will be powerless in a couple of weeks when the injunction is granted. DeSantis lost my Republican vote on February 8th and it will be b remembered as the day he lost any hope of ever becoming President. Florida Republicans may like him but real national Republicans see what he did and how petty and vindictive he is.
So where will we wind up in the end? Either the original RCID will be restored or it will be gone and Disney will be under the 2 counties jurisdiction. However, in either case the DeSantis board will be gone. The February 8th bill will go down either in a summary judgment or at the end of the case. However, they will be powerless in a couple of weeks when the injunction is granted. DeSantis lost my Republican vote on February 8th and it will be b remembered as the day he lost any hope of ever becoming President. Florida Republicans may like him but real national Republicans see what he did and how petty and vindictive he is.
tissandtully
Well-Known Member
I'd send him a basket full of pudding if he fixed I-4 or put in some high speed rail all over the state.
lazyboy97o
Well-Known Member
Defamation is a very high bar. It doesn’t seem worth it. It’s also not a very good look when making free speech claims.
pdude81
Well-Known Member
I don't see this happening at all, because it would look petty and small. However, this crusade has caused some reputational damage so it wouldn't be thrown out on it's face. The problem is that he keeps sayin "fair share of taxes" and "same rules" rather than specific claims that can be easily proven. I assume that it would be hard to win an actual defamation case. The only thing gained there would be discovery, but that will already happen through this other lawsuit.
tissandtully
Well-Known Member
Oh I know it's not plausible, but how long can you just make things up and damage a company's reputation? I mean, we know Fox learned this, but they aren't the government.
The Central Florida Tourism Oversight District Board of Supervisors have scheduled a special meeting for this Monday, May 1.
Here's the only item currently listed for new business -
4.1 Board discussion and direction to litigation counsel and authorization to defend District officials sued in official capacities.
Here's the only item currently listed for new business -
4.1 Board discussion and direction to litigation counsel and authorization to defend District officials sued in official capacities.
Batman'sParents
Active Member
I hope we eventually get more details about the numerous times Disney tried reach out to the governors office or state legislature to try to resolve the impasse. In the lawsuit, they say they tried reaching out to them multiple times.
There are only two times I know they talked to each other. The first one being in May after the legislation was passed, and the administration sent to officials to WDW to initiate conversations, and then those conversations ended. The second time was about something in passing how Adam Babington reached out to the governors office.
There are only two times I know they talked to each other. The first one being in May after the legislation was passed, and the administration sent to officials to WDW to initiate conversations, and then those conversations ended. The second time was about something in passing how Adam Babington reached out to the governors office.
Section 768.28, F.S., allows tort lawsuits against the state. The Florida Legislature is considered a "state agency or subdivision" under the statute.
"(2) As used in this act, “state agencies or subdivisions” include the executive departments, the Legislature, the judicial branch (including public defenders)..."