Desantis asks to remove judge from Disney lawsuit
ORLANDO, Fla. – Gov. Ron Desantis is asking that a federal judge be disqualified from the First Amendment lawsuit filed by Disney against the Florida governor and his appointees, claiming the jurist’s prior statements in other cases have raised questions about his impartiality on the state’s efforts to take over Disney World’s governing body.
Desantis’ attorney filed a motion in federal court in Tallahassee, Florida, on Friday seeking to disqualify U.S. District Judge Mark Walker from overseeing the lawsuit filed by Disney last month. The lawsuit alleges that Desantis and his appointees violated the company’s right to free speech, as well as the contracts clause, by taking over the special governing district that previously had been controlled by Disney supporters after Disney opposed Florida legislation that critics have dubbed “Don’t Say Gay.”
The Republican governor’s motion was filed a day after Disney announced that it was scrapping plans to build a new campus in central Florida and relocate 2,000 employees from Southern California to work in digital technology, finance and product development, amid an ongoing feud with Desantis.
Desantis’ motion said Walker referenced the ongoing dispute between his administration and Disney during hearings in two unrelated lawsuits before him dealing with free speech issues and fear of retaliation for violating new laws championed by Desantis and Republican lawmakers. One of those was a First Amendment lawsuit filed by Florida professors that challenged a new law establishing a survey about “intellectual freedom and viewpoint diversity” on state campuses.
Walker, who was nominated to the federal bench in 2012 by President Barack Obama, tossed out that lawsuit on the grounds that the professors didn’t have standing to challenge the law championed by Desantis and
Florida lawmakers.
In the first case, Walker said, “What’s in the record, for example – is there anything in the record that says we are now going to take away Disney’s special status because they’re woke?”
In the second case, the judge said, “And then Disney is going to lose its status because – arguably, because they made a statement that run afoul – ran afoul of state policy of the controlling party,” according to the Desantis motion.
Disney and Desantis have been engaged in a tug-of-war for more than a year that has engulfed the GOP governor in criticism as he prepares to launch an expected presidential bid this week.
The feud started after Disney, in the face of significant pressure, publicly opposed the state concerning lessons on sexual orientation and gender identity in early grades that critics called “Don’t Say Gay.”
Disney filed the First Amendment lawsuit against Desantis and Disneyappointed board last month in federal court in Tallahassee, and it landed in Walker’s court. The Disney-appointed board earlier this month sued Disney in state court in Orlando, Florida, seeking to void the deals the company made with the previous board.