Misinformation Alert: No, Osceola Is NOT Suing Florida Over Disney

By Published On: May 4, 2022

Misinformation Alert: No, Osceola Is NOT Suing Florida Over Disney

By Published On: May 4, 2022

Editor’s Note: The following article politely corrects reporting on other sites that may, at best, be poorly worded. Other sites carrying this information include sites that we have used in the past as references because TPP’s overall ethos for citations is that a rising tide lifts all boats. We hope the very best for other sites carrying Disney information. In similar fashion, other sites carrying misleading information are not directly listed but readers could easily find them should they wish to do so. As a general rule, TPP does not directly correct information from other sites’ reports but we may make exception when a broadly false narrative is making its way across multiple outlets.

Please note there is an update from a Florida-licensed attorney at the bottom of this article. We have added this important information as of 7:10 PM EST on 2/4/22.

 

We’re not here to name names, but we are here to cover the news accurately. We cover the news that should be fun and in this case it is regarding the issues surrounding Walt Disney World Resort, Reedy Creek Improvement District, and the cities and municipalities nearby. There’s a bit of misinformation going around via Disney blog and news sites, as well as even trade publications. There are stories out there that would lead one to believe that a large group of citizens, or even all citizens, within Osceola County (the county in which the Disney theme parks dwell) are suing the State of Florida. That is not the case.

Here’s what is really going on according to Click Orlando:

Three Central Florida residents — two from Osceola County and one from Orange County — are suing the state of Florida over the recent law to dissolve the special district that governs Walt Disney World property.

In a lawsuit filed in federal court, the plaintiffs say the bill should be declared unconstitutional because it violates taxpayers’ federal constitutional rights, and say the bill will lead to “significant injury to taxpayers.”

 

That’s a far cry from what is being said in some of the other articles out there. For example, when you just say “Florida Taxpayers” or “Nearby Residents,” it makes it sound like this is a major push by a large group of people. The term “Florida Taxpayers” encompasses quite a number of individuals. In reality, it is three people making a difficult legal argument. Here’s the argument as we understand it:

  1. The three individuals say that Disney was harmed for their First Amendment corporate rights. Of course, Disney isn’t being directly harmed as Disney isn’t the same as RCID. So that means for this argument to work, it has to be proven that Disney specifically is the target. Maybe that happens through political comments held in court, maybe not.
  2. If that hurdle is overcome, the plaintiffs then claim that whereby Disney is being harmed they are also being harmed via the Fourteenth Amendment because of a potential increase in taxes. This is the most outlandish claim because there’s no actual increase in taxes yet. Therefore, it would seem there’s no manifested reason for a claim even if they could prove they had standing.

According to The Hollywood Reporter, here is their argument:

“Stripping Disney of this special district designation will move these major regulatory burdens unto the county, thereby increasing the Plaintiff’s taxes, and will cause significant injury to plaintiffs,” the complaint states.

According to the lawsuit, the Florida Supreme Court has historically given standing to taxpayers allowing them to challenge “threatened wrongful proceedings.” It claims that under Florida law, people and entities who aren’t technically parties to contracts can sue to enforce them when a breach can injure them.”

 

The problem is none of this has taken place yet. RCID isn’t dissolved until June of 2023 at the earliest and I see no way that you can sue over a hypothetical future that may or may not come into existence.

So just be aware that people of a particular persuasion are pushing this as a much more important story than it probably is. Here at That Park Place, we try to stay apolitical. That’s why we covered the Disney Walkout stuff and we covered the Drop Disney stuff. They’re both on opposite sides of the political spectrum, yet we try to cover them equally when it’s appropriate. In this case, whatever you think of the Disney RCID situation and the Florida legislature’s new law, it just doesn’t seem that this is likely to go to court at all. At the least, it’s misleading to tell readers that “Florida Taxpayers” or “Nearby Residents” are taking this action when it’s more accurately (and just as easily) expressed as “three individuals”.

Anyway, that’s our take on it. We’re awaiting a second opinion from a Florida attorney with That Park Place to give us his thoughts on this filing. If there’s anything new he sees, we’ll let you know.


 

Update:

After a conversation with our TPP Legal Analyst, this is a complete waste of time. The lawsuit fails on three prongs of standing and is likely to be dismissed with prejudice using a 12b6 standard. SCOTUS has ruled there is very limited means by which to sue over taxes, which this lawsuit fails to meet. The claim is based on a hypothetical AND the claim depends on a first amendment violation proved against a third party… and that is not allowed for considerations of standing. Our legal analyst is so confident in this that we plan to post the 12b6 ruling once it is released, even if all the other sites out there have moved on once they’ve gotten all the readership they can from a flash in the pan headline.

 

For all the latest news that should be fun, keep checking out That Park Place! As always, drop a comment down below!

About the Author: WDW Pro
Avatar photo
WDW Pro is an opinionated commentator on all things Disney and Entertainment. First becoming well-known on WDWMagic.com, the author was brought on to work at Pirates and Princesses. Pro has previously released exclusive details on a variety of rumors and leaks before they were made public. Some exclusives have included breaking info on new Epcot attractions, detailing the light saber experience at the Star Wars hotel, reporting a Harrison Ford injury severity before anyone else, revealing Hugh Jackman was coming to the MCU, Storm would be linked with Wakanda and more. WDW Pro has written articles viewed by millions of readers while maintaining an 87% accuracy rating for revealing "insider" information in 2020. In 2021, the author had a better than 90% accuracy on reported leaks and rumors. Pro joined That Park Place on June 22nd, 2021. The author's accolades include being featured on The Daily Wire, cited by Timcast, numerous references by YouTube personalities, as well as having material tweeted by Dr. Jordan Peterson. WDW Pro is honored, and grateful, while hoping to make the world a better place. In 2023, a third party audit found Pro's accuracy for rumors and scoops to be 92.5%.

Editor’s Note: The following article politely corrects reporting on other sites that may, at best, be poorly worded. Other sites carrying this information include sites that we have used in the past as references because TPP’s overall ethos for citations is that a rising tide lifts all boats. We hope the very best for other sites carrying Disney information. In similar fashion, other sites carrying misleading information are not directly listed but readers could easily find them should they wish to do so. As a general rule, TPP does not directly correct information from other sites’ reports but we may make exception when a broadly false narrative is making its way across multiple outlets.

Please note there is an update from a Florida-licensed attorney at the bottom of this article. We have added this important information as of 7:10 PM EST on 2/4/22.

 

We’re not here to name names, but we are here to cover the news accurately. We cover the news that should be fun and in this case it is regarding the issues surrounding Walt Disney World Resort, Reedy Creek Improvement District, and the cities and municipalities nearby. There’s a bit of misinformation going around via Disney blog and news sites, as well as even trade publications. There are stories out there that would lead one to believe that a large group of citizens, or even all citizens, within Osceola County (the county in which the Disney theme parks dwell) are suing the State of Florida. That is not the case.

Here’s what is really going on according to Click Orlando:

Three Central Florida residents — two from Osceola County and one from Orange County — are suing the state of Florida over the recent law to dissolve the special district that governs Walt Disney World property.

In a lawsuit filed in federal court, the plaintiffs say the bill should be declared unconstitutional because it violates taxpayers’ federal constitutional rights, and say the bill will lead to “significant injury to taxpayers.”

 

That’s a far cry from what is being said in some of the other articles out there. For example, when you just say “Florida Taxpayers” or “Nearby Residents,” it makes it sound like this is a major push by a large group of people. The term “Florida Taxpayers” encompasses quite a number of individuals. In reality, it is three people making a difficult legal argument. Here’s the argument as we understand it:

  1. The three individuals say that Disney was harmed for their First Amendment corporate rights. Of course, Disney isn’t being directly harmed as Disney isn’t the same as RCID. So that means for this argument to work, it has to be proven that Disney specifically is the target. Maybe that happens through political comments held in court, maybe not.
  2. If that hurdle is overcome, the plaintiffs then claim that whereby Disney is being harmed they are also being harmed via the Fourteenth Amendment because of a potential increase in taxes. This is the most outlandish claim because there’s no actual increase in taxes yet. Therefore, it would seem there’s no manifested reason for a claim even if they could prove they had standing.

According to The Hollywood Reporter, here is their argument:

“Stripping Disney of this special district designation will move these major regulatory burdens unto the county, thereby increasing the Plaintiff’s taxes, and will cause significant injury to plaintiffs,” the complaint states.

According to the lawsuit, the Florida Supreme Court has historically given standing to taxpayers allowing them to challenge “threatened wrongful proceedings.” It claims that under Florida law, people and entities who aren’t technically parties to contracts can sue to enforce them when a breach can injure them.”

 

The problem is none of this has taken place yet. RCID isn’t dissolved until June of 2023 at the earliest and I see no way that you can sue over a hypothetical future that may or may not come into existence.

So just be aware that people of a particular persuasion are pushing this as a much more important story than it probably is. Here at That Park Place, we try to stay apolitical. That’s why we covered the Disney Walkout stuff and we covered the Drop Disney stuff. They’re both on opposite sides of the political spectrum, yet we try to cover them equally when it’s appropriate. In this case, whatever you think of the Disney RCID situation and the Florida legislature’s new law, it just doesn’t seem that this is likely to go to court at all. At the least, it’s misleading to tell readers that “Florida Taxpayers” or “Nearby Residents” are taking this action when it’s more accurately (and just as easily) expressed as “three individuals”.

Anyway, that’s our take on it. We’re awaiting a second opinion from a Florida attorney with That Park Place to give us his thoughts on this filing. If there’s anything new he sees, we’ll let you know.


 

Update:

After a conversation with our TPP Legal Analyst, this is a complete waste of time. The lawsuit fails on three prongs of standing and is likely to be dismissed with prejudice using a 12b6 standard. SCOTUS has ruled there is very limited means by which to sue over taxes, which this lawsuit fails to meet. The claim is based on a hypothetical AND the claim depends on a first amendment violation proved against a third party… and that is not allowed for considerations of standing. Our legal analyst is so confident in this that we plan to post the 12b6 ruling once it is released, even if all the other sites out there have moved on once they’ve gotten all the readership they can from a flash in the pan headline.

 

For all the latest news that should be fun, keep checking out That Park Place! As always, drop a comment down below!

About the Author: WDW Pro
Avatar photo
WDW Pro is an opinionated commentator on all things Disney and Entertainment. First becoming well-known on WDWMagic.com, the author was brought on to work at Pirates and Princesses. Pro has previously released exclusive details on a variety of rumors and leaks before they were made public. Some exclusives have included breaking info on new Epcot attractions, detailing the light saber experience at the Star Wars hotel, reporting a Harrison Ford injury severity before anyone else, revealing Hugh Jackman was coming to the MCU, Storm would be linked with Wakanda and more. WDW Pro has written articles viewed by millions of readers while maintaining an 87% accuracy rating for revealing "insider" information in 2020. In 2021, the author had a better than 90% accuracy on reported leaks and rumors. Pro joined That Park Place on June 22nd, 2021. The author's accolades include being featured on The Daily Wire, cited by Timcast, numerous references by YouTube personalities, as well as having material tweeted by Dr. Jordan Peterson. WDW Pro is honored, and grateful, while hoping to make the world a better place. In 2023, a third party audit found Pro's accuracy for rumors and scoops to be 92.5%.