TAMPA, Fla. (WFLA) — A Trump-appointed judge on Wednesday dismissed Disney’s lawsuit against Gov. Ron DeSantis over claims that the company was retaliated against because it criticized Florida’s so-called “Don’t Say Gay” legislation.
U.S. District Judge Allen Winsor dismissed the case, citing Disney’s “failure to state a claim,” according to court documents.
Winsor was appointed by Trump and confirmed by the Senate in 2019.
Disney claimed that the timing of the law that stripped the special district of its powers was not a coincidence, and the change was made to punish the company for its speech.
Disney “has not, though, shown standing to sue the Governor or the Secretary,” Winsor said.
“It is true that the laws did not affect all districts, and it is true (at least accepting Disney’s allegations) that Disney faces the brunt of the harm,” Winsor said in his ruling. “But Disney offers no support for its argument that the court is to undertake line drawing to determine just how many others a law must cover to avoid ‘singling out’ those they affect most.”
DeSantis and Republican legislators took over the district Disney had controlled for more than five decades and installed five board members loyal to the governor.
“A law either explicitly singles out a specific group or it does not, and the laws here do not,” Winsor ruled.
The case was dismissed without prejudice, which means the case can be re-filed at a later date.
“This is an important case with serious implications for the rule of law, and it will not end here,” a Disney spokesperson told WFLA.com in a statement. “If left unchallenged, this would set a dangerous precedent and give license to states to weaponize their official powers to punish the expression of political viewpoints they disagree with. We are determined to press forward with our case.”
A DeSantis spokesperson praised the decision and said “The days of Disney controlling its own government and being placed above the law are long gone.”
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