The Central Florida Tourism Oversight District board said the arguments of Disney's lawsuit in federal court "were entered to frustrate the will of the People of Florida."
In responses to the court filed on Wednesday, both the board and Gov. Ron DeSantis (R-FL) argue the lawsuit the entertainment giant filed in the U.S. District Court for the Northern District of Florida in April should be dismissed. Disney filed the lawsuit alleging a "relentless campaign to weaponize government power against Disney in retaliation for expressing a political viewpoint unpopular with certain State officials."
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"Disney confirms that the Agreements at the heart of this dispute were entered to frustrate the will of the People of Florida, expressed through their elected representatives, about how to organize the governance of the State: the Agreements, Disney states, were meant to 'secure' for Disney 'long-term certainty ... [b]efore RCID’s dissolution and governance changes took effect,'" the filing from the board said.
In its response filed Wednesday, the board reiterates its argument that the court should dismiss or stay the case. In a previous filing, the board called the lawsuit "a host of baseless constitutional claims."
Lawyers for DeSantis and acting Secretary of the Florida Department of Economic Opportunity Meredith Ivey also filed a reply to the court on Wednesday, reiterating their argument that they are immune from the lawsuit. In the response to Disney's earlier response to their motion to dismiss, the state defendants argue that Disney's "response teems with majestic generalities."
"Disney must do more than generalize: It must show that the State Defendants have specific, formal power to enforce the challenged laws, such that an injunction against them would 'be effectual,'" the filing said.
"Because neither the Governor nor the Secretary has such formal power, Disney lacks standing and cannot overcome the State Defendants’ sovereign immunity. And to the extent Disney continues to challenge acts taken in the Governor’s legislative capacity, its claims are barred by legislative immunity," the filing continued.
Disney had argued the defendants were not immune in their response filed last month, instead claiming DeSantis was seeking "to evade responsibility for his actions."
"In the State Defendants’ separate motion that is addressed here, the Governor seeks to evade responsibility for his actions on a narrower ground, asserting that a governor cannot be held officially liable for implementing, administering, and enforcing state laws that punish residents for political statements violating a state-prescribed speech code," the filing said.
The judge in the federal case said last week the two parties had issued two "significantly different schedules” for the trial and that “it is not clear that either proposal is reasonable under the circumstances.” The scheduling for the trial is set to be decided after the motion to dismiss has been resolved.
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Disney is involved in two lawsuits with the district and one with DeSantis. In state court, the district filed a countersuit against Disney in an effort to protect its governing power. A judge ruled against Disney's attempt to dismiss the lawsuit in state court.
The feud between the Florida governor and Disney, which led to Disney's Central Florida district being restructured, stemmed from the entertainment giant denouncing the Parental Rights in Education Act, which DeSantis signed into law last year.