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Breakdown of the Florida counter suit against Disney. Absolute destruction

Posted on 5/8/23 at 4:48 pm
Posted by narddogg81
Vancouver
Member since Jan 2012
21881 posts
Posted on 5/8/23 at 4:48 pm
LINK

Apparently Disney panicked and didn't hire specialists in the type of law governing these weird Florida special districts, kinda halfway between an HOA and a town, so they seriously fricked up a bunch of stuff with their 11th hour attempt at maintaining autonomous control/self governance. Long video but very thorough dissection of the numerous issues with Disney's Florida case, which has to be resolved before it can even be determined if they have standing on their bullshite 1st Amendment federal lawsuit.

Tldr they didn't properly give notice to all landowners in Reedy Creek or properly follow the statue, which nullifies the land development deal, which nullifies the restrictive covenants associated with it that are granting Disney all the Reedy Creek government's power. Also, it's not legal under Florida law to do that in the first place, the act that authorizes these special districts is very specific that the authority is passed from the legislature to the district and it can't be delegated to a private entity in the first place. There are like 8 other things to that all individually nullify the land development deal

I remember in here all the people thinking Disney was clowning DeSantis and the Florida legislature with the last minute legal stunt, when all they were really doing was buying themselves a world of legal trouble.
This post was edited on 5/8/23 at 4:52 pm
Posted by LemmyLives
Texas
Member since Mar 2019
13273 posts
Posted on 5/8/23 at 5:39 pm to
Thanks for the TLDR.

However, we've seen many state courts ignore both state and federal law to do whatever it is what they wanted to do anyway (state legislatures make all election laws, regardless of "emergencies," but apparently there are exceptions that can be carved out by the judiciary, etc.)

How confident should we be that the Florida Supreme Court knows how to read and interpret Florida law, as opposed to dragging in squishy arguments like, "economic harm," etc.?
Posted by RobbBobb
Member since Feb 2007
33354 posts
Posted on 5/8/23 at 6:45 pm to
quote:

Apparently Disney panicked and didn't hire specialists in the type of law governing these weird Florida special districts,

The counter suit is in local, Disney filed in federal

Remember the 2000 election, the Fla Supremes got bitch slapped by a federal court. Which is where this case will be decided. Because of the commerce clause, and Disney being headquartered in Cali

Posted by interdesting
Member since Dec 2020
193 posts
Posted on 5/8/23 at 6:59 pm to
The Florida Supreme Court is the most conservative it has been in over 100 years. But, that doesn’t really answer the question of what they will do. Though, this usually means the justices are more plain language conservatives than change language liberals.
Posted by dafif
Member since Jan 2019
7886 posts
Posted on 5/8/23 at 7:31 pm to
quote:

How confident should we be that the Florida Supreme Court knows how to read and interpret Florida law, as opposed to dragging in squishy arguments like, "economic harm," etc.


A few things: first, I cannot fathom that any federal court has jurisdiction over any of these state issues.

Second, the Florida Supreme Court has a majority appointed by DeSantis so there is that.
Posted by dafif
Member since Jan 2019
7886 posts
Posted on 5/8/23 at 7:33 pm to
quote:

Because of the commerce clause, and Disney being headquartered in Cali


You are quickly showing yourself to be a top ten ignorant poster.

The commerce clause is not even a part of the lawsuit .., sheesh.. do better
Posted by TigerAttorney
Member since Nov 2017
4420 posts
Posted on 5/8/23 at 7:40 pm to
quote:

The commerce clause is not even a part of the lawsuit .., sheesh.. do better

What they are referring to is the Federal Jurisdiction that will be exercised over the State court.

If it falls under commerce clause or dormant commerce clause, it will be a Federal issue meaning the Florida state court is irrelevant.

Haven’t researched the case, but the Poster isn’t as ignorant as you claimed they were.
Posted by TigerAttorney
Member since Nov 2017
4420 posts
Posted on 5/8/23 at 7:42 pm to
quote:

I remember in here all the people thinking Disney was clowning DeSantis and the Florida legislature with the last minute legal stunt, when all they were really doing was buying themselves a world of legal trouble

Bookmark.

Florida will not do shite to Disney when all is said and done.
Posted by RobbBobb
Member since Feb 2007
33354 posts
Posted on 5/8/23 at 9:08 pm to
quote:

The commerce clause is not even a part of the lawsuit .., sheesh.. do better

Dear Lord, son. Dont post your guesses. When commerce has been suppressed by govt, as is being claimed by Disney, and that commerce is between states, Fla vs a Cali corporation, then the feds will have the final say
quote:

Disney sues Ron DeSantis, alleging he "targeted" the company for political reasons

Its in the Constitution
quote:

The Commerce Clause gives Congress broad power to regulate interstate commerce and restricts states from impairing interstate commerce.

Disney knows this. Obviously Ron hasnt read the Constitution all the way thru
Posted by narddogg81
Vancouver
Member since Jan 2012
21881 posts
Posted on 5/8/23 at 10:05 pm to
quote:

quote:
The commerce clause is not even a part of the lawsuit .., sheesh.. do better

Dear Lord, son. Dont post your guesses. When commerce has been suppressed by govt, as is being claimed by Disney, and that commerce is between states, Fla vs a Cali corporation, then the feds will have the final say
quote:
Disney sues Ron DeSantis, alleging he "targeted" the company for political reasons

Its in the Constitution
quote:
The Commerce Clause gives Congress broad power to regulate interstate commerce and restricts states from impairing interstate commerce.

Disney knows this. Obviously Ron hasnt read the Constitution all the way thru


first, desantis didnt do anything to Disney, and neither did the state legislature. The passed a law that updated and reformed a state sanctioned special district, which is expressly not Disney. In fact, in all the bonds that were issues for reedy creek it expressley stated that reedy creek is not Disney, and if it turns out that it really was just a front for Disney then disney is guilty of a billion dollars of securities fraud. Disney's federal case requires them to have standing as an injured party, which they cant really have unless they were really sysnonomous with reedy creek, but if they were synonomous with reedy creek they are guilty of financial crimes and fraud. they are not in a good spot. and the fact that when they were doing their shenanigans to try and get around the legislature they were extremely sloppy and didnt pay attention to the statutes governing what they were dealing with, they have basically guaranteed that they will lose the state of Florida lawsuit, which will nullify the land development deal they signed and thus remove any standing they possibly could have had in the federal case. maybe watch the actual video
Posted by RobbBobb
Member since Feb 2007
33354 posts
Posted on 5/8/23 at 10:42 pm to
quote:

first, desantis didnt do anything to Disney, and neither did the state legislature. The passed a law that updated and reformed a state sanctioned special district, which is expressly not Disney. In fact, in all the bonds that were issues for reedy creek it expressley stated that reedy creek is not Disney, and if it turns out that it really was just a front for Disney then disney is guilty of a billion dollars of securities fraud. Disney's federal case requires them to have standing as an injured party, which they cant really have unless they were really sysnonomous with reedy creek, but if they were synonomous with reedy creek they are guilty of financial crimes and fraud. they are not in a good spot. and the fact that when they were doing their shenanigans to try and get around the legislature they were extremely sloppy and didnt pay attention to the statutes governing what they were dealing with, they have basically guaranteed that they will lose the state of Florida lawsuit, which will nullify the land development deal they signed and thus remove any standing they possibly could have had in the federal case. maybe watch the actual video

If any of that were true, then Desantis would have answered as such in the federal lawsuit

But since they now know who the judge is in that case, they sued in state court. In the Orlando area. Which neither the Disney company nor the state govt of Fla is housed. Its a hail mary, and will be tossed by the federal court as superseding
quote:

There was a chance the two lawsuits would run simultaneously in state and federal court, where Disney sued DeSantis and the board, said Mary-Rose Papandrea, a professor at University of North Carolina School of Law.

One possible outcome would be for the first case to reach a resolution that then might then be applied in the other court, said Papandrea.

quote:

Clay Calvert, a law professor at the University of Florida specializing in the First Amendment said "DeSantis might have been his own worst enemy by speaking out" and providing Disney fodder to prove its claim. DeSantis said state officials were “certainly not going to bend a knee to woke executives in California," which undermines his counter suit in state court.

quote:

Jacob Schumer, a land-use and local government attorney in Florida who has been following the dispute, said Disney has the stronger case. The state’s argument that Disney’s control over the land around its developments is illegitimate because it represents a corporate usurpation of government powers aren't based on precedent.

“These agreements are pretty standard when it comes to developments in Florida,” Schumer said. “They are not out of the ordinary in the kinds of things they do.”
Posted by dafif
Member since Jan 2019
7886 posts
Posted on 5/10/23 at 7:44 pm to
quote:

Haven’t researched the case,


Coming from an alleged lawyer that statement shows pure ignorance. You do not live in Florida and you don't know what laws were passed and you don't know what allegations are being made.

Now try to put your thinking cap on, other than a federal constitutional question there can be no jurisdiction by the federal court. Since it is state law made by the legislature, a federal court doesn't have the ability to take this case .

Please explain to all of us how the federal court has a 40 over a special district within the state of Florida that was created by state law and governed by state law.
Posted by dafif
Member since Jan 2019
7886 posts
Posted on 5/10/23 at 7:47 pm to
quote:

Dear Lord, son.


I think you make about 10 to 15 idiomatic post every single day and it is depressing to watch.

As stated directly above to the other ignorant poster Reedy Creek is a special district created under Florida law and it was eliminated by the legislature under Florida law. Disney is now contained and controlled by the new district pursuant to current Florida law

The commerce clause involves shipping across state lines of a product simply because Disney is a corporation with a principal office in California does not make the shipment of goods under the commerce clause . Disney is a registered out of state Florida corporation doing business in Florida and subject to the laws of Florida.
This post was edited on 5/10/23 at 8:05 pm
Posted by Marcus Aurelius
LA
Member since Oct 2020
3900 posts
Posted on 5/10/23 at 8:50 pm to
Not a lawyer but familiar with it and find it very hard to believe that it will go to a federal court. Disney World is in Florida and the Commerce Clause deals with interstate commerce. Who/where is the federal judge that would dictate? Who appointed that judge? I don't see this working for Disney. The re-new CEO would have been smart to sit down and tell DeSantis that he will keep the crazies in order and apologize. In the end, I'm VERY confident DeSantis will prevail.

This post was edited on 5/10/23 at 8:52 pm
Posted by RobbBobb
Member since Feb 2007
33354 posts
Posted on 5/10/23 at 9:06 pm to
quote:

I think you make about 10 to 15 idiomatic post every single day and it is depressing to watch.

As stated directly above to the other ignorant poster Reedy Creek is a special district created under Florida law and it was eliminated by the legislature under Florida law. Disney is now contained and controlled by the new district pursuant to current Florida law

The commerce clause involves shipping across state lines of a product simply because Disney is a corporation with a principal office in California does not make the shipment of goods under the commerce clause . Disney is a registered out of state Florida corporation doing business in Florida and subject to the laws of Florida.

What the hell are you talking about?

Disney is suing because the govt of Fla is targeting their business. Citing the law that got repealed was just one in a long list of actions taken against the company. Its not the focus of the litigation
quote:

Disney's lawsuit was filed in federal court and alleges that DeSantis violated the company's protections under the U.S. Constitution, including its First Amendment right to free speech.


Plus you have ZERO clue as to what the commerce clause actually does
quote:

The prohibition implicit in the Commerce Clause, against states passing legislation that discriminates against or excessively burdens interstate commerce. Of particular importance is the prevention of protectionist state policies that favor state citizens or businesses at the expense of non-citizens conducting business within that state. For example, in West Lynn Creamery Inc. v. Healy the Supreme Court struck down a Massachusetts state tax on milk products because the tax impeded interstate commercial activity by discriminating against non-Massachusetts citizens and businesses.

You simply cant target an out of state company, while Fla based amusement parks arent touched. The federal courts will make the final ruling on this
quote:

Legal doctrines hold that federal judges should refrain from hearing a case where there is a related state court proceeding, particularly when a state court decision could resolve the federal lawsuit. Judge Walker will still allow Disney's federal lawsuit to proceed because the company is claiming a major Constitutional violation, which is the kind of claim a federal, not state court would make a ruling on.
Posted by Landmass
Premium Member
Member since Jun 2013
24661 posts
Posted on 5/10/23 at 9:23 pm to
quote:

Because of the commerce clause, and Disney being headquartered in Cali


This is completely irrelevant.
Posted by mytigger
Member since Jan 2008
15279 posts
Posted on 5/10/23 at 9:34 pm to
If anyone has any interest in how the Disney governance situation was created there’s a really good podcast from Wondery called “Business Movers”. They had a former CIA fix it man that they used for all their delicate matters, big business dealings, lobbying efforts and he’s the one that actually proposed and successfully implemented what we see today. It was all part of selecting the property, and was done so Walt could own the property around the park. He felt like developers killed Disneyland in CA and didn’t want to see it happen again. The former spook pitched the idea and they gave it a go. It worked.

The whole Business Movers series is pretty fascinating if you’re into that kind of stuff.
Posted by rmnldr
Member since Oct 2013
39840 posts
Posted on 5/10/23 at 9:35 pm to
I was told that Disney owned DeSantis.

What happened?
Posted by dafif
Member since Jan 2019
7886 posts
Posted on 5/11/23 at 7:42 am to
Tell me specifically what law enacted by the state of Florida legislature was specific to Disney?

Let's start there.

Are you also saying that you could sue President Biden directly for laws passed by the US Congress?
This post was edited on 5/11/23 at 7:44 am
Posted by magildachunks
Member since Oct 2006
34946 posts
Posted on 5/11/23 at 8:37 am to
quote:

think you make about 10 to 15 idiomatic post every single day and it is depressing to watch.



Try again.
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