Florida Gov. Ron DeSantis (R) is asking a federal judge to dismiss the lawsuit Disney filed against him earlier this year, arguing that he and the secretary of Florida’s Department of Economic Opportunity are “immune” from the litigation.
“The Court lacks jurisdiction over at least two defendants—the Governor and the Secretary—who are also immune from suit. Although Disney has grabbed headlines by suing the Governor, Disney—like many litigants before it who have challenged Florida’s laws—has no basis for doing so,” DeSantis’s lawyers wrote in the motion to dismiss.
The lawyers argued that neither DeSantis nor Meredith Ivey — serving as the state’s Economic Opportunity secretary — “enforce any of the laws at issue, so Disney lacks standing to sue them.” They also argued that DeSantis, who is also running for the 2024 Republican presidential nomination, is “entitled to legislative immunity, which shields ‘both governors’ and legislators’ actions in the proposal, formulation, and passage of legislation.”
“For these reasons, the Court should dismiss the amended complaint, or at minimum, dismiss all claims against the State Defendants,” the motion reads.
Disney and DeSantis have been engaged in a more than year-long feud after the company publicly opposed the state’s so-called “Don’t Say Gay” law, which prohibits the teaching of gender identity and sexual orientation for certain grades. DeSantis later stripped Disney of special status the company had for decades, which gave it self-governing power over the Reedy Creek Improvement District.
The company then sued DeSantis in April after a DeSantis-appointed board voided previous agreements the company made, alleging that the governor is harming the company’s business operations. The company then filed an amended complaint last month that added new Florida regulation, like a new transportation bill that would allow the state to inspect Disney World’s monorail system, to the ongoing lawsuit.
Republicans have been wary about DeSantis’s battle with Disney, including some GOP senators who say the Florida governor’s feud with the entertainment giant has gone too far. Other GOP presidential contenders also took aim at DeSantis over Disney, including former President Trump who said the Florida governor is being “absolutely destroyed” by the company.
The Hill has reached out to Disney for comment.