Last year, I criticized the lawsuit of Disney against Florida after losing its special status in the former Reedy Creek Improvement District. U.S. District Judge Allen Winsor in Tallahassee appears to view the matter as dimly as I did. He just dismissed the action in a major loss for the House of Mouse.
Disney decided to go public with a campaign against the popular parent rights legislation for Florida schools. Florida responded by removing the special status long enjoyed by the company. There is another lawsuit pending in state court.
Judge Winsor found that Disney lacked standing to sue DeSantis, the secretary of the Florida Department of Economic Opportunity and the new governing district. The separate lawsuit is still pending in state court in Orlando.
The court found that the law was constitutional on its face. As a result, it found no standing to challenge the law under the First Amendment. As I noted earlier, Disney was effectively saying that a state legislature could not remove special status and create greater uniformity with all companies under this law. Even if there were retaliatory purposes, there was clearly a public policy reason for seeking such uniformity. If the courts were to block it, it would invite a major intrusion of the courts into decisions on the priorities of legislatures. As the court noted, Disney is “not the district’s only landowner, and other landowners within the district are affected by the same laws.”
Disney seems to be doubling down and said it would “press forward with our case.” It insisted that “this is an important case with serious implications for the rule of law, and it will not end here.” So once again, what does the company hope to achieve? Is a court truly going to order Florida to maintain special status ad infinitum?
Judge Winsor noted:
“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. 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. Here, it is enough to say—as in Hobart—that the law ‘challenged in this case is not pinpointed against a named individual or group; it is general in its wording and impact.””
Disney’s lawyers seem to be pushing a legal claim with the same logic of many of the company’s new movies: waiting for the audience to change its mind rather than changing its strategy.
We have been discussing the shareholder revolt in some companies over social and political agendas that are suppressing profits at companies like Disney and BudLight. Recently, Disney admitted that it was driving away consumers with its controversial positions and Disney CEO Bob Iger has indicated that he wants to return to selling products and not social reforms. With Disney films cratering and the company losing its position as the top grossing film company, shareholders are threatening to take action.
The problem for Iger is turning a massive company around after years of reinforcing this role as a corporate culture warrior, including layers of hires over the years reinforcing this culture. It also needs to address damaging public comments from Disney figures.
Disney recently seemed to acknowledge that it is facing its own Bud Light moment. In its annual SEC report, Disney acknowledges that “we face risks relating to misalignment with public and consumer tastes and preferences for entertainment, travel and consumer products.” In an implied nod to Smith, the company observes that “the success of our businesses depends on our ability to consistently create compelling content,” and that “generally, our revenues and profitability are adversely impacted when our entertainment offerings and products, as well as our methods to make our offerings and products available to consumers, do not achieve sufficient consumer acceptance. Further, consumers’ perceptions of our position on matters of public interest, including our efforts to achieve certain of our environmental and social goals, often differ widely and present risks to our reputation and brands.”
Yet, the company is continuing to litigate against a popular parental rights law to demand a special status denied to other companies. That is unlikely to play any better in court than many of these films have played in theaters. What is not clear is whether shareholders support this ill-conceived legal effort. This week, Disney is hardly the happiest place on Earth but it certainly seems like the most litigious.
Here is the decision: Disney Dismissal-Order
Speech has consequences; Disney spoke and is now seeing the consequences of that speech.
“SECURE THE BLESSINGS OF LIBERTY TO OURSELVES AND OUR POSTERITY”
__________________________________________________________________________________
When Walt Disney built Disneyland, only Americans were in attendance.
Back then, it truly was the happiest place on earth.
Oh, Happy Day!
Alas, Disneyland and the United States of America were conquered and “fundamentally transformed.”
Americans can be proud of their dastardly submission to phantom guilt.
Allen Winsor is a trump judge. Meaning he is a partisan hack from the Federalist Society.
Has attacked voting rights, reproductive rights, environmental protections, gun safety and same sex marriage.
All of these trump judges are crap stains on democracy and good governance.
A liberal Democrat complaining about a partisan judge is so hypocritical as to be laughable. Bob, you left one o out of your name.
Turley pointed out the FL law was constitutional long ago.
What is True is this judge is NOT a partisan hack and he properly applied the constitution.
Disney is not entitled to a special status – therefore it can not violate its rights to remove it.
This has ALWAYS been an easy case.
It has nothing to do with Disney.
Personally I would like to see government barred from providing special arrangements to any company – then we would never have to deal with removing them.
BTW Federalist Society is not code for Trump lawyer.
It is OVERT for Follows constitution as written.
It doesn’t mean he’s wrong in this DIsney case, legally. Disney made a huge mistake. The shareholders of Disney, which includes Big Insurance companies, Big Banks, Big State Pension Plans covering teachers and public employees, they are experiencing a loss, on paper, of over 50% in a little over a year —- when the market has gone up 20%, they are down 55%. Heads need to roll, and won’t be shareholders’ heads.
1 February 2024, Angel Studios will debut Season 4 of the crowdfunded series “The Chosen” in movie theaters around the globe. This wildly popular movie project began on a shoestring budget and has had hundreds of millions of viewers worldwide. They decided to introduce the series in theaters instead of TV.
This is a fantastic series! I admire the boldness and Chutzpah.
Hollywood and the movie giants have largely missed the mark for theater productions. The movie characters either kill and blow up a lot of people and things or they preach at the audience. Bud Light has now lost 27 Billion dollars in market share.
It is enjoyable watching their distress as audiences are voting with their feet. I will go to the theater tomorrow for the rollout of The Chosen but have only been to the theater for (Top Gun Maverick) in the past four years for any Hollywood production.
The reference to Bud Light is to compare what Disney is now facing.
So much for Igor’s promise to “dial down the rhetoric”. I wonder if he approved this press release or whether the woke minions are still in charge of the legal and corporate communications departments.
I mean Iger of course 🙂
Is Disney still using the Pander Stone? You’d think they’d learn, but no.
We need to DEFUND the Uniparty!
end federal aid to cities, states, colleges, and non-profits where anyone gets $100k+
Also 5% tax on the GROSS of all Wall Street Transactions and moving money offshore!
DEFUND the Uniparty and stop GIVING the RICHEST outrageous amounts!
Disney abandoning basic decency is emblematic of numerous institutions in this country. These institutions made growing up in this country so special. Their fundamental shift to the immoral and absurd now renders them irrelevant to anyone who possesses the ability to think. I think parking at the theme park is now something like $30, and it just gets worse from there. Like governor DeSantis said, no board room in California is going to dictate policy in our state.
My kids loved Dumbo when they were little, and I practically had the movie memorized. But now Disney has removed it from streaming because the crows are politically incorrect (sigh).
That whole area of the state is full of freaks. They gravitate towards fantasy and fetish. Disney is a great magnet for them. Their movies and characters have been way off Christian values for decades. The writers and cartoonist are freaks. There are many images in their movies that depict male sex organs. Nothing would explain it other than a perversion of the mind.
Interesting 🤔
Screw Disney and screw any of the gay lobby and liberal clowns who support them. They are social fascists. They have ruined what used to be a “family” company and turned it into Pedo Paradise
Buddy, some of the video released showing the high level staff at Disney bragging about sneaking this content into kids movies is emblematic of how deep the problem actually goes. Of course one high level person is seen talking about making the product more or less into a messaging platform for what I see as her agenda. Oh, of course she has TWO trans kids. Because who doesn’t have two trans kids?
Disney should re-release all those wonderful movies of the 30’s and 40’s uncut, Snow White, Song of the South, Bambi, Beauty and the Beast and celebrate loving families through out the world. As the great James Baskett would sing “Zip-a-Dee-Doo-Dah”.
Snow White Supremacy
Taylor Swift should be taking note.
Disney was sure their sheer mass, and decades of good will, would drag people into their agenda. Never considering that a minority view point no matter who is championing it, will not change the core values of people.
Also a company that is ONLY known for its entertainment product, has little sway in subjects for which they have no reputation. People that at one time would buy anything with a Disney Label, all of a sudden question everything with the brand or adjacent to the brand. Things that were sure things, like children and family movies, now are looked at with a more critical eye. I know the parents of my grandkids have been shying away from the brand.
😂😂 Couldn’t have happened to a more obnoxious company. 😂😂
Disney’s first mistake was having “social goals” beyond making a family unit happy.
“ The problem for Iger is turning a massive company around after years of reinforcing this role as a corporate culture warrior, including layers of hires over the years reinforcing this culture.” ~ Turley
Same could be said for government bureaucracy, particularly the years of hiring likeminded bureaucrats.
Spot on! If Trump secures another 4-year term, there will need to be a wholesale re-evaluation of federal employees — all 2 million of them! As Hillary has used the expression ‘a Re-set’ in a different context, a full scale re-set is required inside the Beltway. Maybe our Nation’s capital should be moved from the decaying crime-ridden armpit that D.C. has become to somewhere more suitable.
Bob Iger, being the activist CEO of Disney and more concerned about agenda than profit, is too old school for Disney. He is a vestige of the 70s and 80s that rode the wave…but the wave is gone and so are the profits. Time to wish farewell to old Bob and get back to basics Disney before customers get used to you being nothing more than an agenda driven political operation.
Read Judge Winsor’s opinion: Ouch!
Great Tune. Wonder if it will be referenced after the conclusion of the Mann trial.
We saw Ray Charles in the Bay Area Back in the 80’s at the Mountain Winery.
This tune came to mind- Too good to be true – Mountain Winery in Saratoga (youtube.com)
https://www.youtube.com/watch?v=EYswYSOEEVQ
Mark
As a technical matter, the court found Disney had no standing to bring a claim against DeSantis, because it was seeking an injunction and needed to allege that something DeSantis was about to do would cause it irrevocable harm. The decision in favour of the Board, however, was on the merits.
I posted nearby the following:
U.S. District Judge Allen Winsor granted DeSantis’ motion to dismiss on jurisdictional grounds. He cited case law that “courts shouldn’t look to a law’s legislative history to find an illegitimate motivation for an otherwise constitutional statute.”
“Because that is what Disney seeks here, its claim fails as a matter of law,” the judge ruled. The judge said that Disney even cited a prior First Amendment case where the court ruled a law did not single out the plaintiff, a move Winsor said “only undermines Disney’s position.”
https://flvoicenews.com/federal-judge-dismisses-disneys-lawsuit-against-desantis/
However, since the Judge was nominated by Trump…..you know what tomorrow’s talking points will be for the Left. Only one Democrat voted for Winsor in the US Senate except for WV Senator Manchin.
Roll Call Vote 116th Congress – 1st Session XML Vote Summary
Question: On the Nomination (Confirmation Allen Cothrel Winsor, of Florida, to be U.S. District Judge for the Northern District of Florida )
Vote Number: 173 Vote Date: June 19, 2019, 04:02 PM
Required For Majority: 1/2 Vote Result: Nomination Confirmed
Nomination Number: PN256
Nomination Description: Allen Cothrel Winsor, of Florida, to be United States District Judge for the Northern District of Florida
Vote Counts: YEAs 54
NAYs 44
Not Voting 2
https://www.senate.gov/legislative/LIS/roll_call_votes/vote1161/vote_116_1_00173.htm
It’s apparent laws mean nothing for the Left. It’s all about power, always has been, always will be.
“courts shouldn’t look to a law’s legislative history to find an illegitimate motivation for an otherwise constitutional statute.”
Amen!
Please lets end this nonsense about trying to guess other peoples motives and determine legality based on motive.
If a law is constitutional when you have good motives – it is constitutional when you have bad ones.
Otherwise you are litterally saying there are laws that democrats can pass but republicans can’t or visa versa
Daniel: I really like the court’s discussion of the Hubbard case vis-a-vis Disney’s arguments…
Yes, though I’m not sure it was entirely persuasive.
Why should legislative motive matter in race and religion cases but not in free speech retaliation cases?
And I found the effort to distinguish Sorrell in a fn particularly shaky.
Still, if Disney chooses to appeal it could well lose again.
Well, good for the judge. Disney’s best move would be to revive Uncle Walt’s approach to family entertainment.
…without a trans female playing Cinderella or a trans man playing Aladdin.
(Nothing against trans, but very much against using them for political in-your-face wars…)
I have no problem with LGBT!+…….
Except that we are getting way too many initials.
I have no problem with including such characters in movies.
I have no problems with LGBTQ++++ themes.
I have a major problem with unwatchable woke garbage.
ONE of the problems with “woke” nonsense is that – it is not a component of the story – it is always everywhere in the story, the only thing in the story. The movie tries to fit every single LGBTQ+++ wet dream into everything.
In the real world Everyone is not gay or Trans or …..
Fit ion whatever themes you want
But make the story watchable.
Do not drown it in wokeness,
and make the makeup of the characters vaguely the same as the real world.
Most of the above is adice.
But the most important thing – which is not advice it is a requirement, is Make the story good.
My advice is my best guess as to what will accomplish that.
But if Disney can make an uber woke mega hit with no streight white males in 10,000 miles – I am OK with that.
But do far efforts to do so have been FLOPS.
I have no problem with LGBT!+…….
Nonsense. There is no LGBT!+. There are individuals who happen to have a homosexual orientation through no fault of their own, which is to say homosexual males (gays) and females (lesbians). From there the rest of the alphabet members are riding on the coat tails of homosexual men and women who have suffered from such an orientation, many of whom wish they could be heterosexual to have a spouse, natural childbirth, large families, and so forth. It is contemptuous of the Left, as they are want to do in all things, to equate people with a homosexual orientation with the rest of the attention seeking alphabet folks. Gays and lesbians are everywhere, most of whom do not broadcast their orientation on their forehead, and would rather be known for their gifts, their unique traits, their goals and their Maslow-ian hierarchy of needs. Most of these are no where near the “Pride” Parades, rainbow flag waving, grooming of children, incessant Left wing attention seeking protests to destroy the fabric of society.
Bari Weiss, Andrew Sullivan, Glenn Greenwald, Martina Navratilova, et al have articulated the aforementioned many many times. There is a significant number of gays and lesbians who denounce the alphabet folks as having nothing in common with them
As a clinician I have seen in clinic a few true Trans people who deserve compassion and help, but their numbers are minuscule, unlike gays and lesbians who are also a minority in numbers.
You succumb to the Left when you use their paradigm of identity politics. When you conflate people like Weiss, Sullivan and Greenwald for the alphabet folks, you do the former a huge disservice, while propping up the latter at the expense of the former.