ORLANDO, Fla. — Disney’s lawyers fired another series of shots at the state-appointed board members of the Central Florida Tourism Oversight District, filing a lawsuit that claims the district violated Florida’s constitution.
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In the multi-count suit, Disney claimed CFTOD broke contracts when it nullified agreements the company struck with the district before control was turned over to the current board. The attorneys said Florida also violated the company’s free speech rights and caused the company financial harm.
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“We know that he [Gov. DeSantis] has gone on the record as saying he’s over all of this,” attorney Cliff Shepard said. “He may be over it, Disney’s not over it.”
Shepard said many of the arguments, particularly the ones around free speech, appeared to mirror its claims made in federal court, where the company sued over its First Amendment rights.
The state battle focuses more narrowly on the contracts the two sides struck. They gave Disney maximum development power within the district and prevented CFTOD – then called Reedy Creek – from using Disney imagery or making changes to its properties without the company’s approval.
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Shepard said the part that stuck out to him was Disney’s invocation of the Florida constitution’s Takings Clause, which prohibits a government from seizing private property without just compensation.
He explained that while Disney was not explicitly asking for damages under that count, the use of the clause opened the door for future requests.
Although the cases are still in their early stages, costs are climbing into the million-dollar range. Invoices released to WFTV Friday showed CFTOD attorneys billed the district for more than $1.25 million from mid-March to the end of May. Collectively, the five firms working on the case charged the district more than $16,000 per day.
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