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

scottieRoss

Well-Known Member
Golden oak is de-annexed. It is part of Orange county not part of RCID, Orange county emergency services respond to any medical emergencies at Golden oak.
They have mutual aid interlocal agreements to serve specific areas where they are closer. And Interlocal agreements with Orange and Osceola County to serve the district where the county facilities are closer.
 

mkt

Disney's Favorite Scumbag™
Premium Member
No new filings overnight. But for fun (and because my bonus was a little better than expected), I paid two law professors that are friends of mine and actively practicing attorneys (as well as political opposites, one a fiscally-conservative-Reagan-republican and the other a Bernie/FDR-socdem-democrat) a single hour each at their rate to explain to me how it works with the two suits, which takes precedence, etc.

Here's the gist: This is the rare case where they really can’t be consolidated into one forum. Disney’s claim is strictly under federal law and the federal court has jurisdiction because of subject matter jurisdiction. There’s no diversity as they are both Florida-based so there’s really no grounds to remove the state court question in the federal court. And of course they can’t adjudicate the federal question in state court. So DeSantis may ask a federal judge to stay in consideration of the case, pending the outcome of the state court proceeding because it’s not unusual for federal judges to be asked to not rule on a constitutional question if there’s a concurrent state law question that could resolve the case, in this case, that the agreements the previous board signed are not valid, so whatever Florida did afterwards is irrelevant.

However, federal judges are not always inclined to stay, or defer addressing constitutional questions.

If the federal judge does not want to pause their case what could happen next is whoever gets a ruling on the field first runs to the other judge, and ask them to dismiss the case under res judicata, I E arguing, the case has already been decided in a way that is determinative.

Now here’s where I get a little cloudy. In theory, when the federal and state law are in conflict, federal law is supreme. That’s the supremacy clause.

In this particular case, there is a timing issue. I think that favors Disney ultimately because what prompted the board’s new deal was the actions DeSantis took. So in theory, if we stated the whole thing is unconstitutional, then everything that came after you could argue doesn’t matter. I have a question about the remedy, and whether a full win in federal court leaves them at a complete status quo ante.

In theory, also I would rather have the Disney side of the argument. DeSantis, the politician may have really hurt DeSantis, the governor, because all that chatter about getting back at woke corporations lays a neat groundwork for Disney to at the very least show retaliation over speech and this win the first amendment claim.

And this:
1683887992565.png
 
Last edited:

Goofyernmost

Well-Known Member
I didn't say it was - but the manipulation of who the landowners actually are and the ability to redact someone's ownership unilaterally IS different. The point being that the eligibility (which is what the state defined) was in effect able to be revokable by Disney due to their "temporary" arrangement they would setup people up with instead of them truly being land owners. It's not just a situation of picking people and electing them, but you also get to arbitrarily control their continued eligibility. Ultimately it doesn't matter much because Disney can just not elect them again... but the scheme does not enable objectivity when your legal eligibility is also at stake.

The model continued to function not because of state's design, but by Disney's manipulation of land ownership. They never had to give up additional land to bring in more candidates or deal with landowners who wouldn't give up their votes.
My thought is that the uniqueness of the district stems from the fact that it has the directive to be in control of one property owned by TWDC or WDW, however it is set up. It doesn't have to take any other stand nor does it negatively affect any other property owner in the surrounding counties or areas. All the infrastructure that RCID was responsible for is and by association, even the district is on what technically is still WDW property. The amount of "taxes" that WDW pays to RCID does not affect anyone outside of the single property. It is correct that it is a unique situation but it actually established to enable Disney to control actions on their property being done to improve company profits while automatically improving tourism and good will for Florida. Those two items are the very lucrative side effects of the district to the entire state of Florida. For the state to put that in jeopardy for the reasons it is doing it, is both unconstitutional and short sightedly ignorant.
 
Last edited:

Disone

Well-Known Member
They have mutual aid interlocal agreements to serve specific areas where they are closer. And Interlocal agreements with Orange and Osceola County to serve the district where the county facilities are closer.
That is also true but Golden oak, like Celebration, truly is not part of the Reedy Creek improvement district.
 

GrumpyFan

Well-Known Member
The responses to this are shocking and sad.

1683905450309.png

FWIW: Politically, I lean to the right/conservative, but I agree with Disney's right to speak out against the governor, even if I disagree with their position. I strongly disagree with the governor's actions in retaliation to Disney, but I may be biased since I am a "Disney Adult".
I really hope Disney wins the suit and slaps back Desantis and the FL legislature.

Full story: https://news.yahoo.com/new-poll-is-...htMZ4Q0gAFBPaERgKqorS52Q9jLv7RniTnepm00EMeix2
 
Last edited:

tissandtully

Well-Known Member
The responses to this are shocking and sad.

View attachment 715852
FWIW: Politically, I lean to the right/conservative, but I agree with Disney's right to speak out against the governor, even if I disagree with their position. I strongly disagree with the governor's actions in retaliation to Disney, but I may be biased since I am a "Disney Adult".
I really hope Disney wins the suit and slaps back Desantis and the FL legislature.

Full story: https://news.yahoo.com/new-poll-is-...htMZ4Q0gAFBPaERgKqorS52Q9jLv7RniTnepm00EMeix2
I wonder if we took all the names out of the polls what result we would get. And add words like government retaliation.
 

jinx8402

Well-Known Member
The responses to this are shocking and sad.

View attachment 715852
FWIW: Politically, I lean to the right/conservative, but I agree with Disney's right to speak out against the governor, even if I disagree with their position. I strongly disagree with the governor's actions in retaliation to Disney, but I may be biased since I am a "Disney Adult".
I really hope Disney wins the suit and slaps back Desantis and the FL legislature.

Full story: https://news.yahoo.com/new-poll-is-...htMZ4Q0gAFBPaERgKqorS52Q9jLv7RniTnepm00EMeix2
You know, the one thing that is absent in all these polls, is mentioning that the special tax district allows for additional taxes on top of state and county taxes. It allows for what people hear from filtered sources to take "special tax district" as getting away with paying less AND controlling their own government.
 

Brian

Well-Known Member
This is something I've been thinking about as well. We're all fairly interested in this fight, but we also regularly spend time on a Disney message board. The average American either hasn't heard about it, or doesn't care, because they don't really care about Disney and have bigger fish to fry, for example, economic concerns.
 

Prince-1

Well-Known Member
This is something I've been thinking about as well. We're all fairly interested in this fight, but we also regularly spend time on a Disney message board. The average American either hasn't heard about it, or doesn't care, because they don't really care about Disney and have bigger fish to fry, namely economic concerns.

Sorry, but I would say that most people who watch/read any type of news knows exactly what's going on in Florida.
 

Patcheslee

Well-Known Member
The responses to this are shocking and sad.

View attachment 715852
FWIW: Politically, I lean to the right/conservative, but I agree with Disney's right to speak out against the governor, even if I disagree with their position. I strongly disagree with the governor's actions in retaliation to Disney, but I may be biased since I am a "Disney Adult".
I really hope Disney wins the suit and slaps back Desantis and the FL legislature.

Full story: https://news.yahoo.com/new-poll-is-...htMZ4Q0gAFBPaERgKqorS52Q9jLv7RniTnepm00EMeix2
101% total makes me skeptical of polls. How do they miss that simple math?
 

UNCgolf

Well-Known Member
This is something I've been thinking about as well. We're all fairly interested in this fight, but we also regularly spend time on a Disney message board. The average American either hasn't heard about it, or doesn't care, because they don't really care about Disney and have bigger fish to fry, for example, economic concerns.

I think this is true now, but I also think it's something that will become a bigger issue in primaries and/or a general election (if he is the nominee) because his opponents will make sure everyone knows about it. It's a great avenue for attack ads etc.
 

RamblinWreck

Well-Known Member
The responses to this are shocking and sad.

View attachment 715852
FWIW: Politically, I lean to the right/conservative, but I agree with Disney's right to speak out against the governor, even if I disagree with their position. I strongly disagree with the governor's actions in retaliation to Disney, but I may be biased since I am a "Disney Adult".
I really hope Disney wins the suit and slaps back Desantis and the FL legislature.

Full story: https://news.yahoo.com/new-poll-is-...htMZ4Q0gAFBPaERgKqorS52Q9jLv7RniTnepm00EMeix2
I think most people have no idea what the details are so they don’t really know enough to form an opinion based on the questions asked.

I would be more shocked by the results if someone had to read a few paragraphs about what the district is and what DeSantis has actually done to it before answering the poll questions.

My guess is a question like “do you approve of the original plan to dissolve RCID?” would get a lot more support than “do you approve of DeSantis personally taking over the district, installing unqualified puppets to run it, and having them start making major changes to it before they even have a clue?”
 

DCBaker

Premium Member
New article from the Orlando Sentinel.

"State officials will not take over Space Mountain or other Disney World ride inspections soon, despite Gov. Ron DeSantis saying it would happen.

State lawmakers in the session that ended May 5 did not consider a bill for the Florida Department of Agriculture and Consumer Services to assume responsibility for Disney World’s ride inspections after DeSantis proposed doing that in mid-April amid his feud with the company over Florida’s so-called “don’t say gay” law.

Agriculture Commissioner Wilton Simpson appeared to support the idea at the time, but a spokesman for his office said this week that was not the case.

Brian Avery, an independent ride safety consultant, said Disney’s lawsuit against the governor and state filed the following week alleging political retaliation was a likely cause.

“I’m certain that the legal wrangling that is going on has possibly put some things in a full stop, or maybe a pause until they can regroup and maybe pick this up at a later date,” Avery said.

However, the state Department of Transportation will have the power to inspect Disney World’s monorail system, another measure DeSantis pushed for at the press conference on Disney property. DeSantis signed the monorail bill into law Thursday.

At the April 17 appearance, DeSantis said Disney has been “carved out” of amusement park safety regulations overseen by the agriculture department, but the department is “back in the game, so they’re going to make sure that that’s done.”

State law allows Florida’s theme parks with more than 1,000 full-time employees and their own inspectors to self-inspect their rides as long as they file an annual affidavit with the state asserting the attractions are in compliance with regulations. The major attractions regularly report ride-related guest injuries under a voluntary memorandum of understanding with the agriculture agency.

Speaking after DeSantis, Simpson said, “I stand here today in support of this legislation that will allow my department to conduct inspections when someone is seriously injured on an amusement ride. … We do that across the board for amusement rides everywhere, except large theme parks. Where a person is injured should not determine how the state responds.”

But Simpson’s office this week said his comments were not in support of DeSantis’ proposal to revoke Disney’s inspection exemption, but for a withdrawn amendment that would have allowed the department to inspect major theme parks’ rides after a complaint or reported accident.

Records show the amendment was filed April 14 and withdrawn prior to consideration on April 15, two days before the press conference.

“We have no legislative proposal or record that reflects your characterization of Gov. DeSantis’ position on inspections,” agency spokesman Aaron Keller said in an email.

The department will “continue to support transparency and ride safety on behalf of the millions of people that enjoy our amusement parks and rides throughout Florida,” he said.

DeSantis called for ride inspections at Disney alone, not including Universal, SeaWorld or other large Florida attractions.

Spokespeople for DeSantis and Disney World did not respond to requests for comment. The resort previously said it has been an industry leader in safety and was “instrumental” in developing the agreement that allows self-inspection and injury reporting."

Full article below.

 

lazyboy97o

Well-Known Member
New article from the Orlando Sentinel.

"State officials will not take over Space Mountain or other Disney World ride inspections soon, despite Gov. Ron DeSantis saying it would happen.

State lawmakers in the session that ended May 5 did not consider a bill for the Florida Department of Agriculture and Consumer Services to assume responsibility for Disney World’s ride inspections after DeSantis proposed doing that in mid-April amid his feud with the company over Florida’s so-called “don’t say gay” law.

Agriculture Commissioner Wilton Simpson appeared to support the idea at the time, but a spokesman for his office said this week that was not the case.

Brian Avery, an independent ride safety consultant, said Disney’s lawsuit against the governor and state filed the following week alleging political retaliation was a likely cause.

“I’m certain that the legal wrangling that is going on has possibly put some things in a full stop, or maybe a pause until they can regroup and maybe pick this up at a later date,” Avery said.

However, the state Department of Transportation will have the power to inspect Disney World’s monorail system, another measure DeSantis pushed for at the press conference on Disney property. DeSantis signed the monorail bill into law Thursday.

At the April 17 appearance, DeSantis said Disney has been “carved out” of amusement park safety regulations overseen by the agriculture department, but the department is “back in the game, so they’re going to make sure that that’s done.”

State law allows Florida’s theme parks with more than 1,000 full-time employees and their own inspectors to self-inspect their rides as long as they file an annual affidavit with the state asserting the attractions are in compliance with regulations. The major attractions regularly report ride-related guest injuries under a voluntary memorandum of understanding with the agriculture agency.

Speaking after DeSantis, Simpson said, “I stand here today in support of this legislation that will allow my department to conduct inspections when someone is seriously injured on an amusement ride. … We do that across the board for amusement rides everywhere, except large theme parks. Where a person is injured should not determine how the state responds.”

But Simpson’s office this week said his comments were not in support of DeSantis’ proposal to revoke Disney’s inspection exemption, but for a withdrawn amendment that would have allowed the department to inspect major theme parks’ rides after a complaint or reported accident.

Records show the amendment was filed April 14 and withdrawn prior to consideration on April 15, two days before the press conference.

“We have no legislative proposal or record that reflects your characterization of Gov. DeSantis’ position on inspections,” agency spokesman Aaron Keller said in an email.

The department will “continue to support transparency and ride safety on behalf of the millions of people that enjoy our amusement parks and rides throughout Florida,” he said.

DeSantis called for ride inspections at Disney alone, not including Universal, SeaWorld or other large Florida attractions.

Spokespeople for DeSantis and Disney World did not respond to requests for comment. The resort previously said it has been an industry leader in safety and was “instrumental” in developing the agreement that allows self-inspection and injury reporting."

Full article below.

The article missed another possible reason for the lack of follow through, that CFTOD was given the authority to regulate ride safety.
 

Register on WDWMAGIC. This sidebar will go away, and you'll see fewer ads.

Back
Top Bottom