A judge will hear arguments today from the legal teams of Disney and the Central Florida Tourism Oversight District.
The CFTOD board unanimously passed a motion on May 1 2023, to sue the Walt Disney Company in a Florida state court. This is in contrast to Disney's lawsuit against DeSantis and the board, which was filed in a federal court.
In announcing the lawsuit, Central Florida Tourism Oversight District board chair Martin Garcia said, "Since Disney sued us, we have no choice now but to respond. This district will seek justice in state court here in Central Florida, where both it and Disney reside and do business. Yes, we'll seek justice in our own backyard."
Garcia says the state court lawsuit will seek to "uphold and enforce the board's April 26, 2023 legislative findings relating to the February 8, 2023 development agreement and declaration of restrictive covenants."
The Walt Disney Company filed a motion on May 16 to dismiss or stay the state lawsuit brought about by the Central Florida Tourism Oversight District.
Disney argues that recent actions taken by the state have rendered the litigation irrelevant. Disney also says that Florida law mandates the state court to put the lawsuit on hold until the company's federal case against Governor Ron DeSantis is resolved.
In the motion filed in Florida state court, Disney's lawyers argue that the federal action Disney filed against DeSantis last month involves similar parties and overlapping issues, and the federal case should be the primary court for resolving the dispute.
Disney's federal April 26, 2023 lawsuit was filed in response to Governor DeSantis' attempts to replace the Reedy Creek Improvement District with his own hand-picked board. Disney's lawsuit says that DeSantis' actions violated its First Amendment and other constitutional rights, alleging they were motivated by retaliation due to the company's opposition to the so-called "don't say gay" law related to parental rights in schools.
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