An Orange County, Florida, judge denied Disney's motion to dismiss or stay a lawsuit filed by the Central Florida Tourism Oversight District board, which governs the district encompassing the Walt Disney World Resort, in state court.
The Central Florida Tourism Oversight District brought the countersuit against Disney in May and claimed that the company is trying to contest Florida's "people’s sovereignty," saying Disney's "puppet government" made a deal that violates "Florida constitutional, statutory, and common law." Judge Margaret Schreiber of the Circuit Court of the 9th Judicial Circuit in Orange County denied Disney's claims the lawsuit by the district was moot in a decision on Friday.
DONALD TRUMP INDICTED: THREE THINGS WE LEARNED IN JACK SMITH'S SUPERSEDING INDICTMENT
"A ruling on whether the Agreements are valid will also have “actual effects” or, at least, “collateral legal consequences” in both the currently pending federal lawsuit and any subsequent action Disney may bring for breach of contract," Schreiber said in the filing.
She also denied the alternative argument by Disney that the lawsuit should be stayed until the lawsuit in federal court is resolved.
"Contrary to Disney’s assertion that the District can assert the invalidity of the Agreements by way of defense in the federal lawsuit, the District’s claims in this action seek a declaratory judgment that the Agreements are void ab initio — i.e., an affirmative claim for relief, not a defense," Schreiber said.
"To achieve that affirmative relief (as opposed to avoiding liability by way of defense), the District would need to assert a counterclaim under the federal court’s pendent jurisdiction; but Sunshine and Sebor hold that a federal court’s pendent jurisdiction over state-law claims does not constitute concurrent jurisdiction and thus does not trigger the principle of priority," she added.
The decision on Disney's motion comes a week after the court held a hearing on the matter, with Schreiber saying she needed more time to assess the arguments from both sides.
The lawsuit in state court is different from the lawsuit filed by Disney against the board and Gov. Ron DeSantis (R-FL) in federal court. In the lawsuit brought by Disney in the U.S. District Court for the Northern District of Florida, the entertainment giant accuses state officials of having pursued a "relentless campaign to weaponize government power against Disney in retaliation for expressing a political viewpoint unpopular with certain State officials."
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
In a response to DeSantis and the district's motion to dismiss the lawsuit in federal court on Wednesday, Disney claimed that the Florida governor was seeking to "evade responsibility."
The feud between DeSantis and the company, which led to Disney's central Florida district being restructured, stemmed from Disney denouncing the Parental Rights in Education Act, which DeSantis signed into law last year.