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Despite DeSantis’ plea, Disney isn’t ‘moving on’ from lawsuit

Ron DeSantis clearly hopes Disney will "move on" from the fight he picked with the company. A court filing suggests the Republican's plea didn't work.

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As last week got underway, Florida Gov. Ron DeSantis sat down with CNBC and raised a few eyebrows with new rhetoric about his fight with Disney. As the Republican put it, he and his administration have “basically moved on” from the dispute with the corporate giant.

As we discussed soon after, some interpreted this as a concession of sorts, but a closer look suggested otherwise. As part of the interview, DeSantis tried to emphasize his desire to see Disney drop its lawsuit it filed in response to his retaliatory moves. Asked what he’d tell Disney CEO Bob Iger if the two spoke, the governor said, “They’re suing the state of Florida. They’re going to lose that lawsuit. ... So what I would say is, drop the lawsuit.”

Evidently, this did not prove persuasive. As CNBC reported late last week, a Thursday court filing showed Disney’s attorneys filing counterclaims, including a breach of contracts claim, against the board of supervisors picked by DeSantis to oversee Walt Disney World’s special tax district.

The company seeks damages over the alleged breach, as well as a court order for the district to comply with development contracts that are at the heart of the legal fight between Disney and DeSantis. Disney’s requests came in a 55-page filing denying the district board’s allegations in its state-level lawsuit against the entertainment giant. Disney’s filing also put forward 12 “affirmative defenses” against the board, including that it lacks standing for its claims.

In case anyone needs a refresher, let’s briefly revisit our earlier coverage and review how we arrived at this point. It was last year when the governor signed a proposal critics have labeled the “Don’t Say Gay” policy, and Disney, a powerhouse in the Sunshine State, eventually criticized the anti-LGBTQ+ measure in an inconsequential press statement.

In a normal political environment, the governor might’ve defended his position and expressed his disagreement with the company, at which point the relevant players would’ve moved on. But in DeSantis Land, there’s nothing especially normal about politics: The far-right governor responded to the modest and inconsequential criticism by picking an ugly and prolonged fight with Disney — which included real consequences in terms of local governance — in part to punish the corporate giant for daring to disagree with him in public, and in part to send a signal to others that he’d retaliate against anyone who challenged his positions.

DeSantis’ wildly unnecessary fight with his state’s largest private employers hasn’t exactly paid political dividends. The governor’s culture war skirmish has cost his home state dearly; it’s made him the target of intra-party criticisms; and while DeSantis thought his presidential bid would benefit if he made fights against “woke” institutions a centerpiece of his political identity, GOP voters have other priorities.

But perhaps most important is Disney’s lawsuit, which challenges DeSantis’ willingness to use state government as a tool of political retaliation. While the Republican expressed great confidence last week that the corporate giant is “going to lose” the case, there’s reason to believe otherwise — thanks in part to DeSantis’ own carelessness and inability to think a few moves ahead.

Indeed, this was the likely rationale behind his “basically moved on” rhetoric: The governor, fearing an important legal defeat at an inopportune time, effectively told Disney, “Now that I’ve finished hitting you, you should stop trying to hit me back.”

A few days later, the company’s latest legal filing made clear that Disney has a different approach in mind.

This post updates our related earlier coverage.