Ron DeSantis has asked a federal judge to dismiss a lawsuit in which Disney alleges the Florida governor and Republican presidential hopeful engaged in “a targeted campaign of government retaliation”.
Disney sued in April after the governor moved to exert more control over Walt Disney World, the famous theme park in Orlando.
After ending a longstanding agreement that allowed the company to govern itself, DeSantis appointed a five-member board to oversee the area.
DeSantis has made little secret that the move was in retaliation for the company’s opposition to his so-called “don’t say gay” law that limited discussion of LGBTQ+ issues in schools.
Disney filed its lawsuit after the new board overrode an agreement the company reached earlier this year to expand Disney and keep control over nearby land.
In its complaint, filed in federal court, Disney said it was “left with no choice” but to sue, in order to “protect its cast members, guests and local development partners from a relentless campaign to weaponize government power against Disney in retaliation for expressing a political viewpoint unpopular with certain state officials”.
In a court filing on Monday, lawyers for DeSantis said the governor was immune from being sued in the case.
“Although Disney has grabbed headlines by suing the governor, Disney – like many litigants before it who have challenged Florida’s laws – has no basis for doing so,” lawyers wrote.
“Neither the governor nor the secretary [of state] enforce any of the laws at issue, so Disney lacks standing to sue them.
“Signing a law is not ‘enforcing’ a law,” the motion added.
DeSantis has leaned into his battle with Disney and other so-called culture war issues on the presidential campaign trail, betting Republican primary voters will reward him for his stance.
Never Back Down, a Super Pac backing DeSantis, is airing an ad in Iowa and South Carolina celebrating DeSantis’s attacks on Disney.
The request for dismissal comes as DeSantis continues to struggle in his bid for president. He remains the clear runner-up behind Donald Trump, but trails the frontrunner by about 30 points in the FiveThirtyEight average of polls.
Observers have criticized the way DeSantis has campaigned in New Hampshire, an influential early primary state where he and Trump were due to hold dueling events on Tuesday.
“I think DeSantis has really underperformed,” Larry Hogan, the former Republican Maryland governor, told CBS this week. “I think the campaign is one of the worst I’ve seen so far, and he’s dropped like a rock.”