FL Judge Rejects Disney’s Bid to Dismiss State Lawsuit Filed by Oversight District

On Friday, a Florida judge denied Disney’s request to dismiss the state lawsuit filed in May 2023 by the Central Florida Tourism Oversight District (CFTOD). Florida Governor Ron DeSantis hand-picked the five board members to oversee Walt Disney World’s functions previously managed by the [now dissolved] Reedy Creek Improvement District.

Remembering that this state-level case is independent of Disney’s ongoing federal political retaliation lawsuit against DeSantis and the CFTOD board members is essential.

[Friday’s] decision has no bearing on our lawsuit in federal court to vindicate Disney’s constitutional rights, and we are fully confident Disney will prevail in both the federal and state cases.

Disney Spokesperson via CNBC

The Judge’s ruling states in part that the “District’s claims regarding the validity of Disney’s Developer Agreements are not moot” and that an “issue is ‘moot’ when the controversy has been so fully resolved that a judicial determination can have no actual effect.”

The ‘issue’ of whether the Agreements are void ab initio will not be resolved until a
court of competent jurisdiction decides the issue in favor of one party or the other. That issue is
alive and active and has real-world consequences for both parties. Disney alleges in its federal
complaint that the Agreements are valid and remain in effect because SB 1604 violates the
federal Constitution. The District alleges in its complaint that the Agreements were void from the
moment they were adopted, regardless of the validity of SB 1604. The District will face legal
uncertainty concerning the extent of its power to govern and the concomitant risk of litigation
until a court of competent jurisdiction finally declares the status of the Agreements

Judge Margaret Schreiber

You can read the entire 14-page ruling issued by Judge Margaret Schreiber by following the link.