O’Melveny Worldwide

ABA Journal: What Legal Theory is Disney Using to Sue Florida Gov. Ron DeSantis?

April 27, 2023

The Walt Disney Company filed a lawsuit against Florida Governor Ron DeSantis challenging the constitutionality of actions taken by the state to govern the district where Walt Disney World is located. The lawsuit claims that the company’s rights were violated under the takings clause of the Fifth Amendment, the due process clause of the Fourteenth Amendment, and the First Amendment. “This government action was patently retaliatory, patently anti-business and patently unconstitutional. But the governor and his allies have made clear they do not care and will not stop,” the suit stated. The legal action is the latest in an ongoing conflict between DeSantis and Disney, which began when the company made comments about a Florida education law. Disney is represented by O’Melveny & Myers LLP.

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