Disney Checkmates DeSantis

You’re right. It’s odd that the state legislature isn’t named in the suit. The State of Florida would have been a more logical entity to name as the defendant.

And it’s a bit ironic that Disney is building a large part of its case on Citizens United. Disney is indeed entitled to free speech, but they’ll have a hard time arguing that the state’s removal of a very unique special privilege constitutes a 1A violation. This is the first time I’ve observed people on the left agreeing with SCOTUS that corporations are people too! Lol.

The corporation is challenging the law based on the state’s motive. They’re basically arguing that the law should be invalidated because the legislators who passed the law and the governor who signed it were being vindictive. Even if Disney can prove that, I doubt there’s any statutory code or precedent for overturning a law based on personal motives of those who made the law. Plenty of laws get passed that adversely impact organizations that are disdained by the politicians that make the laws.

And can Disney demonstrate how they have been harmed? Did the law or nullification of the old board’s action result in lost revenue? Lower market valuation/share price? Has Disney written down the value of its Florida property on its balance sheet? Probably not. The law has only been in effect for a couple months and the nullification of the agreement between the Disney appointed board and the Disney Corporation occurred just moments before Disney filed its suit.

Can Disney argue that it will incur future harm? Since the new board hasn’t made any specific plans for future actions, that will be a tough argument for Disney to win.

If they’re hanging their hats on things DeSantis said the state *might* consider, good luck with that.

The best argument Disney has is that the contract between the Disney-appointed board and the Disney Corporation is binding and cannot be nullified by legislative fiat. The state will probably argue that the contract was never valid due to procedural flaws. Also that valid contracts must include consideration.

These things typically drag out for years. Disney’s ultimate goal might be to get a temporary injunction on the nullification while the suit is being litigated, and waiting out the remainder of the Governor’s term so they can mend fences with the next governor.
Wait, what?!?!
Why would it be hard to prove DeSantis is retaliating against Disney’s free speech??
 
U.S. News // 2 hours ago
https://www.upi.com/Top_News/US/2023/04/27/DeSantis-Disney-lawsuit/5631682615898/

Florida Gov. Ron DeSantis says Disney's lawsuit against him 'political'
April 27 (UPI) -- Florida Gov. Ron DeSantis claimed on Thursday that Walt Disney Parks and Resorts' federal lawsuit against him over its governing district is "political" and believes the action has no merit.




Funny Guy, DeSatinist.
Tough to argue that when Disney contributed to his re-election campaign.
 
These things typically drag out for years. Disney’s ultimate goal might be to get a temporary injunction on the nullification while the suit is being litigated, and waiting out the remainder of the Governor’s term so they can mend fences with the next governor.
lol thanks for another laugh. Disney is not going about mending anything. They are pointing out they were right, and hold all the cards and will prevail, this will never see the inside of a court room. Your cocksucking of Desantis aside.
 
lol thanks for another laugh. Disney is not going about mending anything. They are pointing out they were right, and hold all the cards and will prevail, this will never see the inside of a court room. Your cocksucking of Desantis aside.
I’m not making any predictions on the lawsuit, but right now Disney no longer controls the district and their February action has been voided.
 
The bottom line is this: Florida's governor is trying to stick it to the gays (and blacks, etc.) and Disney is standing up to him.

BabyBoomer50s doesn't LIKE that Disney is standing up to the governor, because BabyBoomer50s doesn't really like gays, or blacks either.

So he will use whatever argument he can, whether it is logical, rational, or even correct, to make it sound like Disney are the bad guys and DeSantis's crusade to punish them is righteous and good.
 
Which is why they have sued. You do understand that when a contract is breached or voided illegally the remedy is a lawsuit?
I believe he does understand this, he simply refuses to recognize this publicly, Look at how often he refers to a perfectly legal, recorded contract as a "shady last minute DEAL" and that DeSantis Spooky Dust can magically cancel out parts of the United States Constitution, because reasons.
 
You’re right. It’s odd that the state legislature isn’t named in the suit. The State of Florida would have been a more logical entity to name as the defendant.

And it’s a bit ironic that Disney is building a large part of its case on Citizens United. Disney is indeed entitled to free speech, but they’ll have a hard time arguing that the state’s removal of a very unique special privilege constitutes a 1A violation. This is the first time I’ve observed people on the left agreeing with SCOTUS that corporations are people too! Lol.

The corporation is challenging the law based on the state’s motive. They’re basically arguing that the law should be invalidated because the legislators who passed the law and the governor who signed it were being vindictive. Even if Disney can prove that, I doubt there’s any statutory code or precedent for overturning a law based on personal motives of those who made the law. Plenty of laws get passed that adversely impact organizations that are disdained by the politicians that make the laws.

And can Disney demonstrate how they have been harmed? Did the law or nullification of the old board’s action result in lost revenue? Lower market valuation/share price? Has Disney written down the value of its Florida property on its balance sheet? Probably not. The law has only been in effect for a couple months and the nullification of the agreement between the Disney appointed board and the Disney Corporation occurred just moments before Disney filed its suit.

Can Disney argue that it will incur future harm? Since the new board hasn’t made any specific plans for future actions, that will be a tough argument for Disney to win.

If they’re hanging their hats on things DeSantis said the state *might* consider, good luck with that.

The best argument Disney has is that the contract between the Disney-appointed board and the Disney Corporation is binding and cannot be nullified by legislative fiat. The state will probably argue that the contract was never valid due to procedural flaws. Also that valid contracts must include consideration.

These things typically drag out for years. Disney’s ultimate goal might be to get a temporary injunction on the nullification while the suit is being litigated, and waiting out the remainder of the Governor’s term so they can mend fences with the next governor.

A State can enact laws which nullify contracts. The result is that the contract becomes legally unenforceable.

An quick example is that 2 parties can agree to build a 2-story home on one of the party's land. After the contract is signed and money is paid, but before permits are issued, the gov enacts a building code and zoning ordinance which prohibits multi-story dwellings in the area. The contract becomes unenforceable at that point and performance under the contract is excused. The remedy for this is for the homeowner to sue for his money back.

Disney doesn't have that option.

One thing that's required in every lawsuit is that the complaining party have an available remedy for their alleged harm. You cannot sue the gov to extinguish the sun because the sun gives you sunburn. There's no remedy available for your alleged harm and the courts cannot order the State to do something which is impossible.

In Disney's case, there's no remedy because, under the separation of powers doctrine, the courts cannot enjoin the State from passing legislation which affects the land and citizens/businesses within the State's geographic boundaries. Without an available remedy, there's nothing the court can do and the plaintiff's claims cannot be adjudicated and must be dismissed.

You will find this concept under "Remedies" rather than in "Procedure."
 
The bottom line is this: Florida's governor is trying to stick it to the gays (and blacks, etc.) and Disney is standing up to him.

BabyBoomer50s doesn't LIKE that Disney is standing up to the governor, because BabyBoomer50s doesn't really like gays, or blacks either.

So he will use whatever argument he can, whether it is logical, rational, or even correct, to make it sound like Disney are the bad guys and DeSantis's crusade to punish them is righteous and good.

Your premise starts out flawed and then goes into the shitter from there.
 
Yes, a lawsuit is their only recourse and they listed their “prayers” on page 72.
No, they have other recourse's, this one is the best choice, the others are more expensive.

Though, myself I think abandoning Florida is in the long run the best move.

The reason Walt first located there was because it was cheap real estate in 1965. It was Disney who in essence actually made Florida as a place to go to. Prior to that it was a swampy wetland full of mosquitoes and alligators. No one wanted to live there.

I think now is the prime time to tell DeSantis to fuck off, pull the pin and go and let Sarah H prostrate her State to accommodate a new Disney complex.
 
A shame DeSantis and some legislators spent time to get back at a company because they expressed an idea instead of addressing issues in Florida.
It's the natural evolution of Republican 'leadership' eschewing actual management in favor of carefully planted sound bite opportunity designed to "fire up the base", i.e. foment teh "Daily Outrage".
 
Proof that RonnieD is effing Goofy:


Ron DeSantis Says His Battle With Disney Is Working

DeSantis stripped Disney of self-governing powers after the company opposed his 'Don't Say Gay' legislation.
Of course Disney is being silent. A good Lawyer will always advise a client to remain silent. Anything you say can become evidence and used against you.

DeSantis, in this interview almost admits that his actions were to silence Disney. That's a pretty stupid thing to say, when the lawsuit currently against you, claims that is exactly what they are suing about.
 
Of course Disney is being silent. A good Lawyer will always advise a client to remain silent. Anything you say can become evidence and used against you.

DeSantis, in this interview almost admits that his actions were to silence Disney. That's a pretty stupid thing to say, when the lawsuit currently against you, claims that is exactly what they are suing about.
The governor also “admitted” that Disney has enjoyed special privileges not afforded other businesses for over 50 years. I rarely agree with the Washington Post but they got this one right when Disney was making plans open a park in Virginia. In their words, “Disney has a peculiar notion of democracy.”
 
The governor also “admitted” that Disney has enjoyed special privileges not afforded other businesses for over 50 years. I rarely agree with the Washington Post but they got this one right when Disney was making plans open a park in Virginia. In their words, “Disney has a peculiar notion of democracy.”
Disney negotiated the Reedy Creek Development Corp with the State of Florida. It was a benefit to both parties. It remained a benefit to both parties, until DeSantis had a hissy fit.

Which is awesome, because this issue is gona sink DeSantis's run at the Presidency.

Me I'm getting the popcorn ready....State lawyers vs high talent Disney ones......yep gona be fun to watch, DeSantis already shot one arrow in his foot, and this won't see the inside of a courtroom till 2024. How many more self inflicted wounds will DeSantis make???
 
Disney negotiated the Reedy Creek Development Corp with the State of Florida. It was a benefit to both parties. It remained a benefit to both parties, until DeSantis had a hissy fit.

Which is awesome, because this issue is gona sink DeSantis's run at the Presidency.

Me I'm getting the popcorn ready....State lawyers vs high talent Disney ones......yep gona be fun to watch, DeSantis already shot one arrow in his foot, and this won't see the inside of a courtroom till 2024. How many more self inflicted wounds will DeSantis make???
I’m a DeSantis 2024 supporter but right now it looks like Trump, not Mickey, might sink his presidential aspirations. Biden’s aspirations as well based on the ABC News poll out today.

ICYMI, the bill that passed by the state legislature has been signed by the Governor the other day. It’s now codified into law. Get a giant box of popcorn because you’re going to be waiting a long time before the Disney case gets litigated. In the meantime, the law stands.
 
Hopefully DeSantis is named personally ??
Granted the Florida government went with him, but Desantis should personally pay for the lawsuit not the People of Florida
 
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