In a new filing today, Disney offers opposition to Florida Governor Ron DeSantis’ attempt to get a federal lawsuit filed by Disney tossed out of court. DeSantis filed a Motion to Dismiss the federal lawsuit back in late June, and Disney has responded in a new filing.
In the Motion to Dismiss, DeSantis’ lawyers argue that the Governor would be covered by a number of executive privilege mechanics such as sovereign immunity, legislative immunity, and Article III standing. Disney argues that those protections don’t apply in this case and that DeSantis “seeks to evade responsibility for his actions…asserting that a Governor cannot be held liable for implementing, administering, and enforcing state laws that punish residents for political statements violating a state-prescribed speech code”.
Disney says that neither they nor DeSantis challenge that multiple injuries have been caused to Disney including “elimination of its voting rights, abrogation of its contract rights, and chilling of its constitutional right to speak freely on matters of public concern”. Disney argues that the case must proceed.
Here’s a look at the pre-trial timeline going forward:
- July 26, 2023: Defendants’ deadline to file motions to dismiss (today’s action)
- July 27, 2023: Deadline for rules filing
- August 9, 2023: Plaintiff’s deadline to respond to any motions to dismiss
As a reminder, this is the federal case where Disney is alleging that Florida Governor Ron DeSantis has violated their First Amendment rights to free speech by using the might of the government to retaliate against Disney for speaking out against the “Don’t Say Gay” bill last year.
DeSantis has previously asked the federal judge to delay any trial until after the Presidental election and he has rejected an offer from Disney to mediate the issue at hand.
Disney CEO Bob Iger talked about the DeSantis in an interview earlier this month.
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