Disney and Florida's Parental Rights in Education Act

From March 2022 until June 2024,[1] The Walt Disney Company was involved in a feud with Florida governor Ron DeSantis and the state's Republican Party over Florida's Parental Rights in Education Act, commonly known as the "Don't Say Gay" bill. While initially a donor to some of the politicians who voted in favor of the Act, after its passage Disney spoke out against the bill and called for it to be repealed.

The provisions of the Parental Rights in Education Act prohibit classroom instruction on sexual orientation or gender identity from kindergarten to 3rd grade in Florida public school districts, or instruction on sexual orientation and gender identity in a manner that is not "age appropriate or developmentally appropriate for students" in any grade. On March 7, 2022, Disney CEO Bob Chapek declared that the company would not take a public stance on the bill and would instead focus on effecting change through the commercial content it produces. However, some individuals associated with Disney spoke out against its stance. Following the controversy, Disney reinstated a same-sex kiss in Pixar's 2022 film Lightyear, hosted a town hall meeting to discuss the bill's impact on company employees and their families, and promised to challenge the bill.

Responding to Disney's disapproval of the law, DeSantis and Florida lawmakers threatened to repeal the Reedy Creek Improvement Act, a special district giving Disney further authoritative control over the area surrounding Walt Disney World in Lake Buena Vista, Florida. A bill was passed in the state's house and senate chambers which repealed the special district, which was signed by DeSantis in April 2022. In response to the bill and further legislation against Disney, the company filed suit against DeSantis, claiming that the legislation was politically motivated and limited the free speech of the company, however the judge ultimately ruled in favor of DeSantis on January 31, 2024.[2] A spokesperson for Disney said the company was undeterred by the ruling and intended to press forward with their case. The next day, Disney filed an appeal to the 11th Circuit Court of Appeals.[3][4] On March 27, 2024, Disney settled its pending state court lawsuits with DeSantis. Per the agreement, Disney put the appeal of their federal lawsuit on hold while negotiations regarding a new development agreement with Florida play out. However, no alterations to Disney's appeal of the federal lawsuit were made.[5][6]

Background

On February 24, 2022, the Florida House of Representatives passed the Parental Rights in Education Act with 69 in favor and 47 against.[12] Commonly referred to as the "Don't Say Gay" bill by its opponents, it prevents public schools from holding discussions on sexual orientation and gender identity, stating that lessons "may not occur in kindergarten through grade 3 or in a manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards".[12] The latter passage has been criticized for its vague language, as it "could be interpreted to extend to all grade levels",[13] and potentially forbid students from discussing their lives within a classroom setting.[14] The bill will also allow parents to sue teachers or schools for engaging with these topics.[12] On March 8, the bill passed the Florida Senate[15]

Criticism of Disney

Disney's actions of donating money to the bill's sponsors drew criticism from various organizations and individuals associated with the company. Among the first to speak out against Disney's actions was Dana Terrace; the creator of the Disney Channel series The Owl House, who criticized Disney's decision.[19] Other individuals that would go on to denounce Disney's and Chapek's stance include DuckTales writer Benjamin Siemon, Walt Disney's grandniece Abigail Disney,[17] Agents of S.H.I.E.L.D. producer Drew Z. Greenberg, The Ghost and Molly McGee creator Bill Motz, and Andi Mack star Lilan Bowden.[23] In response to the bill's passage and Disney's stance, Terrace held a live charity stream on March 13, 2022, with the proceeds going to LGBT organizations;[24]

Response from Disney

In response to the controversy surrounding Disney's involvement in the bill, the company reinstated a previously deleted kiss between two female characters in Pixar's then upcoming film Lightyear.[39]

Disney hosted a town hall meeting on March 21 to discuss the subject with company employees, specifically the impact it can have on them and their families. The company plans to relocate around 2,000 workers from California to Florida.[40] The meeting is part of the Reimagine Tomorrow campaign, which aims to promote diversity and inclusion at Disney.[40][41] General Entertainment content president Karey Burke stated that Disney intends to produce content with "many LGBTQIA characters" in the future.[42]

After DeSantis signed the bill, Disney released a statement that its goal is for the law to be repealed or struck down.

Response from state government

In response to Disney's announcement of opposition to the law, DeSantis and Florida lawmakers threatened to repeal the 1967 Reedy Creek Improvement Act, which established the area surrounding the Walt Disney World Resort, the Reedy Creek Improvement District, as its own governmental authority which has same authority and responsibilities as a county government without burdening the Floridian tax payer.[48][38] The repeal of this act would result in the dissolution of the Reedy Creek Improvement District and mean that the infrastructure and municipal services surrounding Walt Disney World would be absorbed by other neighbouring counties, including the estimated $1 billion in debt.[49]

On April 19, 2022, DeSantis extended the scope of a special legislative session regarding congressional redistricting to include examination of consideration of special districts like Reedy Creek. Republican Representative Randy Fine filed House Bill 3-C[50] that would dissolve any "special independent district" established before the November 5, 1968, ratification of the Constitution of Florida. The dissolution would occur on June 1, 2023,

King Charles III loophole

In March 2023, one day before the Florida House of Representatives voted to hand control of the Reedy Creek Improvement District to DeSantis and his administration, the board of the district voted to implement a new slate of measures which prohibited the Florida state government from using any pieces of intellectual property owned by the company, including Cinderella Castle. Many reports on the matter and much of the internet, however, focused on the clause of the perpetuity of the agreement. In order to potentially avoid violating the rule against perpetuities, Disney's lawyers inserted a clause which would keep the agreement and prohibition valid until 21 years after the death of the last already living descendant of King Charles III of the United Kingdom and other Commonwealth realms.[67][68]

Settlement

On March 27, 2024, Disney and the state announced they had reached a settlement agreement. The company agreed to let stand the invalidation of the changes made right before the handover. The governor appointed a new, more Disney-friendly chair to the board, and the board agreed to operate under a 2020 plan and negotiate future development with the company.[6]

See also

• Disney and LGBTQ representation in animation
• Florida Parental Rights in Education Act
• Reedy Creek Improvement Act
• Royal lives clause