The plaintiff claims that DeSantis, with Florida Department of Economic Opportunity acting secretary Meredith Ivey and the Central Florida Tourism Oversight District board, violated the company's First Amendment rights by using government power to exact political retaliation.
The dispute began when Disney officials expressed disapproval for the proposed Florida Parental Rights in Education Act, which has been labeled by reporters, protesters, and counterprotesters as the "Don't Say Gay" bill.
Among his critics were other Republican leaders, including then-House Speaker Kevin McCarthy and then-fellow presidential candidates Donald Trump and Nikki Haley.
[10][11] In October 1971, the entertainment resort complex Walt Disney World was opened in Bay Lake, Florida.
Reedy Creek was created in 1967 by the Reedy Creek Improvement Act, signed by then-Florida governor Claude R. Kirk Jr. (R), with the purpose being for Walt Disney to build a community (i.e. a town, to be known as EPCOT), with an emphasis on the zoning issues brothers Walt and Roy Disney faced when Disneyland opened in 1955.
[15] Before its passage, the act spurred a political debate within The Walt Disney Company, whose then-CEO, Bob Chapek, stated that he would not take a stance against or for the bill.
[21] Rather than seeking to dissolve Reedy Creek, DeSantis eyed seizing it, reserving that taxpayers would not be responsible for its debt, estimated to be US$1 billion, or Walt Disney World's community services.
[24] Before the Florida House of Representatives voted on transferring control of the district to DeSantis, Reedy Creek board members voted on a royal lives clause invoking King Charles III's last descendant in order to circumvent a rule against perpetuities to prevent the governor from using Disney's intellectual property:[25] This Declaration shall continue in effect until twenty one (21) years after the death of the last survivor of the descendants of King Charles III, King of England living as of the date of this Declaration.On April 26, 2023, Walt Disney Parks and Resorts sued DeSantis, Florida Department of Economic Opportunity acting secretary Meredith Ivey, and the Central Florida Tourism Oversight District board, accusing DeSantis of violating the company's First Amendment rights by utilizing political power for "government retaliation" purposes.
[32] On June 1, 2023, Chief Judge Walker ruled against a motion by DeSantis to disqualify him due to previous comments in unrelated cases.
Republican presidential candidate Vivek Ramaswamy referenced a social media bill signed into law by DeSantis in 2021, wherein Disney was able to provide an exemption for themselves.
[40] Lawyer and columnist for The New York Times David French invoked O'Hare Truck Service, Inc. v. City of Northlake and said that, should Disney lose the case, the courts would "cast a pall of fear over private expression".