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Business|DeSantis Appointees Seek to ‘Void’ Disney World Agreement

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DESANTIS APPOINTEES SEEK TO ‘VOID’ DISNEY WORLD AGREEMENT

A board overseeing the resort wants lawyers to prepare a resolution to stop
Disney from maintaining vast control over the complex for decades to come.

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Gov. Ron DeSantis and the Walt Disney Company have been sparring for more than a
year over a tax district that encompasses Disney World.Credit...Octavio
Jones/Reuters


By Brooks Barnes

April 19, 2023Updated 5:15 p.m. ET

The showdown between the Walt Disney Company and Gov. Ron DeSantis of Florida
increasingly appears as though it could end up in court.

On Wednesday, a board appointed by Mr. DeSantis to oversee government services
at Disney World asked lawyers to prepare a resolution to “void” a recent
development agreement and restrictive covenants that give Disney vast control
over expansion at the resort complex for decades to come. When the appointees
reported for duty last month, they were outraged to discover that Disney — in
open, advertised public forums — had pushed through the agreement.

“The bottom line is that Disney engaged in a caper worthy of Scrooge McDuck to
try to evade Florida law,” David H. Thompson, a high-powered litigator retained
by the board, said during a presentation in which he accused Disney of “improper
and illegal” maneuvers relating to development. He said one involved a failure
to fully comply with a state law that required public notification of the
actions it took.

To support an assertion that Disney pulled a fast one, Mr. Thompson displayed an
email from John M. McGowan, chief counsel for the Walt Disney World Resort,
suggesting that his name be removed as the writer of a draft document relating
to the development agreement. “I am comfortable having my name on it, but from
an optics perspective that is not ideal,” the email said.



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Disney declined to comment on Wednesday. The company — one of Florida’s largest
employers and taxpayers — has repeatedly described its actions as “appropriate”
and in compliance with state law. Disney has also signaled a willingness to
fight any attempt to revoke the development agreement and covenants, which
prohibit certain types of construction on strips of land surrounding the resort
(competing attractions, for instance).


UNDERSTAND THE DESANTIS-DISNEY RIFT

 * How the Feud Started: The rift between Gov. Ron DeSantis of Florida and
   Disney began after he signed legislation that critics call the “Don’t Say
   Gay” law in March 2022. Here’s some background.
 * Stripping Disney’s Perks: After a yearlong battle, the governor gained
   control of the board that oversees development at Disney World, a move that
   restricts the company’s autonomy.
 * Clashing Anew: After Disney quietly sidestepped state oversight of its theme
   parks, DeSantis announced new legislation that would override the company’s
   efforts to circumvent his authority.

The board asked its lawyers to have nullification paperwork ready for next
week’s meeting.

At the Wednesday session, which lasted four hours, members of the oversight
board also vowed to increase taxes on Disney to help pay for a legal battle;
fired planning board officials and appointed themselves to replace them; and
began to explore the possibility of building low-income housing on land abutting
the resort. Part of the meeting was devoted to presentations by state officials
who made a case for greater government oversight of certain Disney World
operations, including swimming pool inspections (there are 267 pools at Disney
hotels and water parks), alcohol licenses and road safety.

The board acted as the Florida Legislature, at the urging of Mr. DeSantis,
prepared to take up a measure that would nullify Disney’s development agreement
and restrictive covenants. Depending on the outcome, Disney could have grounds
to sue for a violation of the contracts clauses of the Florida and U.S.
Constitutions, legal experts said.

“It would impair a contract,” said Jacob Schumer, a Florida lawyer who
specializes in government law and development agreements.




Mr. DeSantis and the Walt Disney Company have been sparring for more than a year
over a tax district that encompasses Disney World, the 25,000-acre resort, which
employs 75,000 people and attracts 50 million visitors annually. The district,
created in 1967 south of Orlando, effectively turned the property into its own
county, giving Disney unusual control over fire protection, policing, road
maintenance and development planning.



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After Disney criticized a contentious state education law and halted political
donations in Florida, Mr. DeSantis and the Legislature restricted Disney’s
autonomy by appointing a handpicked oversight board for the district.
Previously, Disney selected the board members.

The education law, called Parental Rights in Education, prohibits classroom
discussion of sexual orientation and gender identity for students through the
third grade. Opponents labeled the legislation “Don’t Say Gay.” On Wednesday,
the DeSantis administration expanded the ban through Grade 12.

The tax district has been a crucial tool for Disney in developing the resort,
which includes four theme parks, two water parks and 18 Disney-owned hotels.
Disney’s expansion plan, which lies at the center of the contested development
agreement, involves the possible construction of 14,000 additional hotel rooms,
a fifth major theme park and three small parks. The company has said it has
earmarked more than $17 billion in spending to fuel growth at the resort over
the next decade, expansion that would create an estimated 13,000 jobs at the
company.

In July, the DeSantis administration reviewed and approved Disney’s growth plan.

Mr. DeSantis, a leading Republican presidential contender although he has not
officially declared a bid, has drawn criticism this week from potential
presidential rivals for his war with Disney. “This is all so unnecessary, a
political STUNT,” former President Donald J. Trump wrote on Tuesday on Truth
Social, his social media site.



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But the governor has shown no sign of backing down, framing his efforts as
protecting “the will of the people” and ending “an unfair special advantage.” At
a news conference on Monday, Mr. DeSantis suggested a variety of potential
punitive actions against Disney, including reappraising the value of the resort
for property tax levies and developing adjacent land, perhaps with a new state
prison.

“Nobody in Tallahassee was willing to shine a light on this arrangement,” Martin
Garcia, the new chairman of the tax district board, said during the session,
referring to Disney’s self-governing capabilities. “Then Gov. Ron DeSantis,
courageously — and I repeat, courageously — called it out for betraying not only
fair-market competition, but also the citizens of Florida.”







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