Lawsuit Filed After DeSantis-Appointed Board Voids Theme Park Agreement
“This government action was patently retaliatory, patently anti-business, and patently unconstitutional,” the filing reads. “But the Governor and his allies have made clear they do not care and will not stop.”
The governor has initially remained defiant and insisted through spokesperson Taryn Fenske that the state has every right to control the land on which the Disney resort is located.
“We are unaware of any legal right that a company has to operate its own government or maintain special privileges not held by other businesses in the state,” Fenske said. “This lawsuit is yet another unfortunate example of their hope to undermine the will of the Florida voters and operate outside the bounds of the law.”
Disney is asking the court to declare the board’s actions unlawful and unenforceable for various reasons, including violating the U.S. Constitution’s contracts clause, unlawfully taking Disney’s property rights in violation of the takings clause and arbitrarily voiding Disney’s agreements in violation of the due process clause. It also argues that the board flouted the company’s First Amendment rights by retaliating against it.
Disney is seeking a court declaration that those contracts remain in effect, and also to rule that two laws enacted in the past year with DeSantis’s support, aimed at ending the company’s control of housing in its theme parks, are illegal and unenforceable.
Initially Disney tried to defend its interests as the outgoing board for the Reedy Creek Improvement District voted to greatly restrict the powers of the board, meaning DeSantis’ incoming appointed board members would not be able to make major changes to the way Disney operates on the land.
The battle between Disney and the state of Florida has been going on for months, but the lawsuit was triggered when the new board approved findings developed with the advice of its lawyers that the agreements are void and unenforceable, and it directed the district’s staff to act accordingly.
“Disney picked the fight with this board,” said board Chairman Martin Garcia. “What they created is an absolute legal mess.”