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Disney Ignores DeSantis Advice, Files Countersuit Seeking Damages
It looks like Disney took a hard pass when it came to Florida Gov. Ron DeSantis' advice, filing a countersuit and seeking damages.
Okay, so since we're in the opinion business, then I guess there are two ways you can take today's news. On one hand, The Walt Disney Company's counterclaim could be seen as a direct response to Florida's Gov. Ron DeSantis-appointed Central Florida Tourism Oversight Board filing for a summary judgment against Disney. On the other hand, it could also be The Mouse's response to DeSantis "advising" Disney CEO Bob Iger to drop their lawsuit, telling CNBC's Last Call that he's moved on from the matter. Personally, we're going with a pretty even mix of the two – with The Mouse now seeking damages and for the court to order the oversight board to enforce development contracts that were put into place back in February.
"As a direct and proximate result of the District's anticipatory repudiations and, in the alternative, material failure to perform its duties under both contracts, Disney has suffered and will continue to suffer damages, including consequential damages," Disney's legal team wrote in the counterclaim (which you can check out here). And much like in its original lawsuit, Disney also brought the free speech clause of the Florida constitution into the conversation. "The district's retaliatory interference with the contracts, via the legislative declaration and its predicates, has chilled and continues to chill Disney's protected speech," Disney's lawyer wrote – adding, "This unconstitutional chilling effect is particularly offensive here due to the express retaliatory and punitive intent that has motivated the District's and the State Legislature's actions, at the Governor's directive."
During an interview with CNBC's Last Call airing earlier this week, DeSantis suggested that Iger should drop its lawsuit against the state, the one that accuses DeSantis of engaging in political retaliation over The Mouse' public opposition to DeSantis' anti-LGBTQ policies within the state. But, of course, DeSantis is only suggesting it because he has Disney's best interest at heart… because he's shown so much "compassion" towards The Mouse in the past? "They're suing the state of Florida. They're going to lose that lawsuit. So what I would say is, drop the lawsuit," DeSantis proclaimed during his interview when asked what he would say to Iger if he spoke to him on the phone – apparently opting to play the judge in the case, too?
"This is a great place to do business," DeSantis added. "Your competitors all do very well here; Universal, SeaWorld. They have not had the same special privileges as you have." Of course, DeSantis is referring to his accusations that Disney has been given special treatment over the years by previous administrations, allowing the company to pretty much police itself. For their part, Disney maintains that everything they've done over the year has been in legal accordance with state laws – and that the company contributes much more to the state of Florida than it gets back.