Disney Throws a Purpose Pitch at Ron DeSantis
In the latest episode of As Disney World Turns, the lawyers play hardball, while a Delaware court favors the Mouse.
Disney just threw a purpose pitch at Ron DeSantis. Here’s what just happened in Disney’s legal proceedings, and what it means.
Photo:ofx.ie
Disney and DeSantis Debate Trial Dates
Florida Governor Ron DeSantis isn’t working under the assumption he’ll win in court against Disney.
That’s a provocative statement, but the Governor’s actions this week suggest a certain level of fear factor.
Photo: cba.cj
First, DeSantis asked the court to dismiss Disney’s lawsuit, arguing that he has sovereign immunity under the 11th Amendment.
According to the court filing:
“Neither the Governor nor the Secretary enforce any of the laws at issue, so Disney lacks standing to sue them.”
Photo: Miriam-Webster
I had to laugh at this filing, as it forcibly reminds me of a Futurama quote. You don’t need to watch the show to understand why it’s funny.
A character named Zapp Brannigan says, “I don’t pretend to understand Brannigan’s Law. I merely enforce it.”
Image: Morbotron.com
DeSantis is taking the obvious approach, but it’s the same logic.
Someone has specifically created legislation and then later claimed they shouldn’t be held accountable for it.
Photo: Getty Images
While Disney lost its judge in the Florida Feud, the DeSantis filing feels like a desperate ploy.
Even if a judge agreed with the governor, Disney would quickly re-file a new case anyway.
Photo: Ron DeSantis
So, that’s a stalling tactic more than anything, which brings us to the latest event.
As a reminder, Ron DeSantis is currently running for President of the United States.
Photo: The Wall Street Journal
The governor is a Republican candidate who is slipping in the polls. He needs positive headlines and newfound momentum.
That’s absolutely possible, as we’re still early in the campaign season. The trendline isn’t working in DeSantis’s favor, though.
Photo: GBN Britain’s News Channel
The Governor’s Presidential Campaign and Legal Struggles
Business Insider aggregated several polls and discovered the governor tracking at 28 percent in New Hampshire during the first quarter of 2023.
As a reminder, New Hampshire matters the most because it’s the home for the first primary.
Photo: Maria Tamo/Getty Images
DeSantis visited the state afterward to increase his appeal to voters. That tour went so well that…his polling plummeted to 16 percent.
New Hampshire residents objectively liked DeSantis more in theory than in person.
Again, a lot can change between now and the primary in early 2024, though.
What would help DeSantis significantly? Let’s say that the federal court case for the Florida Feud was resolved in his favor in 2024.
You’d think that would generate lots of positive, free publicity, right?
Photo: Pexel.com
Then, the governor could say that he battled Disney and won.
So, we would expect a confident man sure of his position to speed up the trial in anticipation of a victory speech.
Photo: Wikipedia
Instead, the lawyers for DeSantis just did the opposite. They requested a trial date for the Florida Feud, and they want it in…2025.
The 2024 Presidential Election will be long over by that point.
Photo:leg.state.fl.us
Therefore, the governor would lose any chance DeSantis would have of a victory polling bump.
Why would anyone sure of their victory take that approach? And the answer is that DeSantis loses in court a lot.
Credit: WESH2
DeSantis and Disney’s Court Histories
In September 2021, the governor famously lost in court twice in two days.
Remarkably, this past month has gone even worse for DeSantis in court.
Photo: Yahoo Sports!
The governor lost on children’s healthcare, Florida drag shows, and usage of PACs.
To be fair, DeSantis “won” in court in January when a judge ruled that someone the governor fired wouldn’t be reinstated.
Photo:News 13
In that same ruling, the federal judge determined that the governor violated the 1st Amendment AND Florida state law in firing the employee, though.
That’s what passes for a victory for DeSantis in court.
Photo: Chip Somodevilla/Getty Images
Meanwhile, Disney typically wins its legal battles. Most recently, a conservative legal group tried to punish the company.
Yes, this case circles back to the Don’t Say Gay law and Disney’s taking a political stance.
Photo: Disney
Some shareholders sued Disney in the state where it’s technically incorporated, Delaware.
These politically motivated individuals argued that in assuming a political position, Disney imperiled shareholders.
Image Credit: Gay Star News
Specifically, Kenneth Simeone, a shareholder, requested an investigation regarding:
“…possible wrongdoing by (Disney) directors in connection with the company’s decision to criticize the 2022 law, which critics have derided as the “don’t say gay” law.”
Photo: Disney
Judge Lori Will of Delaware’s Court of Chancery ruled that:
“The evidence at trial showed directors did not allow their personal views to dictate the company’s response to the bill.”
Photo: cba.cj
Later, Judge Will added that the lawsuit existed solely “to benefit the Thomas More Society, a non-profit law firm that champions conservative causes that was paying Simeone’s legal costs.”
Additionally, the judge explicitly stated that while “the Thomas More Society are entitled to their beliefs,” this sort of lawsuit “is not a vehicle to advance them.”
OUCH!
Photo: The Walt Disney Company
Folks, Disney follows the letter of the law because that’s the smartest business practice, which brings us to…
Disney Throws a Purpose Pitch at DeSantis
Given everything we’ve discussed, you understand why Disney likes its chances in court.
Photo: Disney
I should reiterate that nothing is ever set in stone with court cases like this.
Also, the new judge for this case shares the same general political views as the governor.
(AP Photo/Brynn Anderson)
Still, Disney’s lawyers feel good enough to throw some chin music at DeSantis.
When Disney requested a trial date, it asked for 2024. Specifically, Disney wants the trial held in July 2024.
Photo: Wikipedia
On a seemingly unrelated note, the Republican National Convention occurs from July 15th through July 18th, 2024.
So, yeah.
Photo: Getty Images
This move serves two purposes. First, it functions as a threat to DeSantis that Disney’s attorneys plan to inflict the proverbial thousand cuts.
Second, Disney wants the Governor to know that even in the seemingly unlikely event that he wins the Republican nomination, he won’t enjoy that month.
Photo: Getty Images
Instead, the media, which isn’t a fan of DeSantis already, will spend the entire convention running stories about Disney legal updates.
All of them will make the governor appear in the worst possible light.
Photo: Yahoo Sports!
From March 2022 through February 2023, DeSantis did everything he could to paint Disney as behaving inappropriately, at least in his mind.
Now, Disney attorneys relish the opportunity to counter with an uncomfortable month of legal arguments based entirely on things the governor said.
Photo: Disney Clip Art
After playing defense for a year, Disney now has the ball on offense. And it’s ready to play aggressively.
Photo: MickeyBlog
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