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

[Sirwalterraleigh]

Exactly this.

While creating a new district would clearly be a problem and easily challenged, the CFTOD shows that they could just replace the existing elected government with another one. So instead of creating a new district overlay to punish you, instead they would replace the mayor and board of commissioners with governor appointed people instead of elected officials. This new government would not be accountable to the people of Miami at all, only the governor.

Then just repeat for the counties and other cities that are out of line too.

Perfectly stated. We’re across the river now.

And expect a constitutional challenge if they did.

I don’t think anyone cares…to be honest. As long as they’re “owning” the other 49 states…misssion: accomplished

These people picked a fight with their state’s biggest employer…by choice…and had no qualms

That’s like a line on the stone tablets of “what never to do in poltics”

It’s all out the window

 

[mmascari]

And expect a constitutional challenge if they did.

I am surprised Disney didn't challenge the change in the board from elected to appointed. That seemed like an obvious thing to dispute. Especially since a Disney loss would set precedent the state can replace any local elected government with appointments. That would be a bold stance from a court.

 

[Sirwalterraleigh]

I am surprised Disney didn't challenge the change in the board from elected to appointed. That seemed like an obvious thing to dispute. Especially since a Disney loss would set precedent the state can replace any local elected government with appointments. That would be a bold stance from a court.

That would have been a state challenge (state constitution) and Disney is 100% relying on the federal courts.

State actions seem to be “playing it out” on Disneys part

Kinda tells you all you need to know?

 

[Chi84]

I am surprised Disney didn't challenge the change in the board from elected to appointed. That seemed like an obvious thing to dispute. Especially since a Disney loss would set precedent the state can replace any local elected government with appointments. That would be a bold stance from a court.

They're asking for very broad relief in the federal complaint. Count 5 alleges that "The retaliatory reconstitution of Disney's governing body's structure through the enactments of Senate Bill 4C and House Bill 9B have chilled and continue to chill Disney's protected speech. *** Disney has a significant interest in its governing body's composition and structure, which has been directly targeted by the enactment of legislation providing for its complete revision. Disney faces concrete, imminent, and ongoing injury as a result of CFTOD's new powers and composition."

Pleadings are meant to constitute an outline of what is contested. I think Disney's are broad enough to encompass the type of challenge you mention.

 

[mmascari]

"The retaliatory reconstitution of Disney's governing body's structure through the enactments of Senate Bill 4C and House Bill 9B have chilled and continue to chill Disney's protected speech. *** Disney has a significant interest in its governing body's composition and structure, which has been directly targeted by the enactment of legislation providing for its complete revision. Disney faces concrete, imminent, and ongoing injury as a result of CFTOD's new powers and composition."

If I strikethrough those parts, everything is still true. I would think those parts make it a first amendment claim. Without them, I would think they could still make a representation claim. The representation one likely is a state question, not federal though. Based on whatever FL law covers how governments are run.

Pleadings are meant to constitute an outline of what is contested. I think Disney's are broad enough to encompass the type of challenge you mention.

Maybe they're thinking they could file in State court later if they lose the federal case first amendment claim.

Obviously, if they win the first amendment claim, all the other questions go away. If they lose the first amendment claim in federal court, I would assume they could still make a representation claim in state court.

 

[Sirwalterraleigh]

Maybe they're thinking they could file in State court later if they lose the federal case first amendment claim.

Obviously, if they win the first amendment claim, all the other questions go away. If they lose the first amendment claim in federal court, I would assume they could still make a representation claim in state court.

They really have no shot in state.

It’s G-mandered to hell…so no chance of legislative relief

The judges are appointed on the higher levels by Crazy Jag’s office in the state and the lower ones are elected in the Same G-mandered districts…No judicial relief

And then there’s the “executive”



Disney has no means to kill/reset this whole thing in the state

It will come where all the movers and shakers go: federal court in Delaware, baby!!!

 

[Chi84]

If I strikethrough those parts, everything is still true. I would think those parts make it a first amendment claim. Without them, I would think they could still make a representation claim. The representation one likely is a state question, not federal though. Based on whatever FL law covers how governments are run.


Maybe they're thinking they could file in State court later if they lose the federal case first amendment claim.

Obviously, if they win the first amendment claim, all the other questions go away. If they lose the first amendment claim in federal court, I would assume they could still make a representation claim in state court.

They’re not losing any rights by what they’re doing now. It’s a strategy decision on when and how to raise claims and I’m sure they have this covered.

 

[Isamar]

They really have no shot in state.

It’s G-mandered to hell…so no chance of legislative relief

The judges are appointed on the higher levels by Crazy Jag’s office in the state and the lower ones are elected in the Same G-mandered districts…No judicial relief

And then there’s the “executive”



Disney has no means to kill/reset this whole thing in the state

It will come where all the movers and shakers go: federal court in Delaware, baby!!!

The defence and counterclaim Disney filed in the state court does include claims under the Florida Constitution, but I don’t *think* (don’t recall?) that any of them are directly related to the state’s authority to reconstitute the board.

 

[Sirwalterraleigh]

The defence and counterclaim Disney filed in the state court does include claims under the Florida Constitution, but I don’t *think* (don’t recall?) that any of them are directly related to the state’s authority to reconstitute the board.

I think that was just a formality for appearances

They’re asking for a hostile state who’s trying to exploit them to rule for them?

The worst billboard lawyer on earth wouldn’t put any faith in that

 

[Isamar]

I’d guess that their best hope right now is to wait for a new governor who might agree to a compromise they can live with.

In the meantime the lawsuits are necessary because they can’t sit back and allow the board to interfere with their ability to effectively run the property. The ongoing lawsuits at least bring some public attention to what the board is doing (although the reporting is so often inaccurate).

 

[Sirwalterraleigh]

I’d guess that their best hope right now is to wait for a new governor who might agree to a compromise they can live with.

In the meantime the lawsuits are necessary because they can’t sit back and allow the board to interfere with their ability to effectively run the property. The ongoing lawsuits at least bring some public attention to what the board is doing (although the reporting is so often inaccurate).

agree…but that’s gonna be a long 3.5 years with the little angry boy

 

[Chi84]

The defence and counterclaim Disney filed in the state court does include claims under the Florida Constitution, but I don’t *think* (don’t recall?) that any of them are directly related to the state’s authority to reconstitute the board.

Counterclaims are limited in scope by state procedural rules. A party can’t simply add a series of unrelated claims and call them counterclaims. The state suit involves the development contracts.

Disney’s lawyers will bring all legally viable claims in a situation where they’re accusing government officials of violating their federal constitutional rights. No lawyer would abandon a legally sound claim or defense because they think it’s hopeless based on the political situation. Doing so would jeopardize their appeal rights.

 

[Isamar]

agree…but that’s gonna be a long 3.5 years with the little angry boy

That’s probably true. I guess it’s possible that things could change after the nomination is decided. Who knows how he and legislators might pivot? Depends on who’s writing the checks. They could fix this with a compromise and declare to his supporters that it was a triumph.

 

[Isamar]

Counterclaims are limited in scope by state procedural rules. A party can’t simply add a series of unrelated claims and call them counterclaims. The state suit involves the development contracts.

Disney’s lawyers will bring all legally viable claims in a situation where they’re accusing government officials of violating their federal constitutional rights. No lawyer would abandon a legally sound claim or defense because they think it’s hopeless based on the political situation. Doing so would jeopardize their appeal rights.

It also occurs to me that if they challenge the reconstitution of the board in the state court they would likely have to bring the state/Desantis into that lawsuit. They may not want to do that, at least right now, for strategic reasons. Wild speculation on my part of course.

But I have no doubt that the Disney lawyers have a handle on every possible angle here. Unsurprisingly, their filings are fabulous pieces of legal writing.

 

[Sirwalterraleigh]

That’s probably true. I guess it’s possible that things could change after the nomination is decided. Who knows how he and legislators might pivot? Depends on who’s writing the checks. They could fix this with a compromise and declare to his supporters that it was a triumph.

The nomination?

That’s not a “thing”
What should have never happened is changing the state law for him to run.

Inexcusable…will just lead to more future carpet bagging.

 

[Isamar]

The nomination?

That’s not a “thing”
What should have never happened is changing the state law for him to run.

Inexcusable…will just lead to more future carpet bagging.

Agreed on all counts. I meant the nomination of someone (we all know who that will probably be) such that his race is done and he’ll have to turn his attention back to being the governor and whatever he thinks comes after that.

 

[Sirwalterraleigh]

Agreed on all counts. I meant the nomination of someone (we all know who that will probably be) such that his race is done and he’ll have to turn his attention back to being the governor and whatever he thinks comes after that.

It’s usually how fast they run out of money…

This time it’s that and hoping a bunch of prosecutors create a power vacuum for them with no mess

 

[LAKid53]

I’d guess that their best hope right now is to wait for a new governor who might agree to a compromise they can live with.

In the meantime the lawsuits are necessary because they can’t sit back and allow the board to interfere with their ability to effectively run the property. The ongoing lawsuits at least bring some public attention to what the board is doing (although the reporting is so often inaccurate).

That's a 3 year wait.

 

[Sirwalterraleigh]

That's a 3 year wait.

3 years….5 months….ish

 

[JMcMahonEsq]

Sounds like Nero playing his fiddle while Rome burns. Not going to go over the issues again, there are almost 1100 pages. There is a very real chance that after all is said and done, the State of Florida will have the final say on the ruling body. In the mean time the company could be in shambles. So if you think it is worth the challenge, you have the right to your opinion. I simply do not agree.

What are you talking about? Leaving aside the idea that this is a fundimentally important issue for the company, you do realize that Disney has hired attorneys to fight this legal battle right? It’s not like Disney is assigning CM’s or Imagineers, or their executives to run the legal battle.