Florida Governor Ron DeSantis files motion to disqualify judge in Disney's federal lawsuit

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Posted: Friday May 19, 2023 4:48pm ET by WDWMAGIC Staff

Florida Governor Ron DeSantis is attempting to remove Chief Judge Mark E. Walker from presiding over Disney's federal lawsuit against DeSantis and the Central Florida Tourism Oversight District regarding the state's retaliatory actions again Disney.

In the motion filed today, DeSantis claims that Walker should disqualify himself from the case to "prevent even the appearance of impropriety."

The claim relates to two unrelated cases where the Court offered "Disney" as an example of state retaliation.

Walker was nominated to serve as district judge for the United States District Court for the Northern District of Florida by President Barack Obama in 2012 and became chief judge in June 2018.

You can read the full motion here and the opening comments below.

Defendants move to disqualify Chief Judge Mark E. Walker (the Court) under 28 U.S.C. § 455(a) because the Court's impartiality in this matter might reasonably be questioned. This case involves claims that Defendants retaliated against Walt Disney Parks and Resorts U.S., Inc. based on Disney's viewpoints. Yet two previous times, in two unrelated cases, the Court sua sponte offered "Disney" as an example
of state retaliation. Those remarks—each derived from extrajudicial sources—were on the record, in open Court, and could reasonably imply that the Court has prejudged the retaliation question here. Because that question is now before this Court, and because that question involves highly publicized matters of great interest to Florida's citizens, the Court should disqualify itself to prevent even the appearance of impro-
priety.

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peter114358 days ago

No. But it’s the start of the process

MR.Dis8 days ago

Does this mean a new agreement has been reached with Disney? I am trying to read between the lines on just what this is saying.

flyakite8 days ago

castlecake2.021 days ago

Yes

Stripes21 days ago

Has Disney/CFTOD continued to replace the purple direction signage with the new blue color scheme since CFTOD took over?

mkt21 days ago

You're right. The new document will be different. It will be "different" in the way that Chris Gaines was "different" from Garth Brooks or how the drummer from Nirvana is "different" from the singer of the Foo Fighters.

Unbanshee21 days ago

Both are effectively picked by the Governor, just not technically. Look no further than the communications "strategy" with the replacement of Gilzean of the Governor's office getting out ahead of every single step of the process

lazyboy97o22 days ago

The settlement acknowledged the “need” to change the comprehensive plan, which undermines this idea. So too does the lack of an agreement, as the 2032 Comprehensive Plan wasn’t that different than the again in force 2020 Comprehensive Plan.

Brian22 days ago

That's understandable for sure. I just felt inclined to make the distinction due to the ongoing conversation, as the district administrator is selected by the board, while the board is selected by the governor.

mkt22 days ago

The new agreement will be functionally the same as the one Disney was sued over.

pdude8122 days ago

You're right. This has been going on so long I just lumped all the antagonists together.

Brian22 days ago

Not to nitpick, but Gilzean was district administrator, not a board member.

pdude8122 days ago

A bigger risk than keeping Garcia and Gilzean on the board as active disruptors? I don't agree with their decision to stall the federal lawsuit, but I understand why they saw the status quo as a risk to growth over the next few years.