| quote | Originally posted by ray b:
rhonda is the one with constitutional problems
he is working on violating every one of the bill rights except the gun BS but con's doNOT care about any others then the gun stuff
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RayB, I encourage you for a moment to consider what is actually going on in court right now... rather than the totally uneducated rhetoric that's being passed around the liberal news stations. If I asked you any specifics about this lawsuit, you wouldn't be able to tell me anything about it, other than you think Desantis is violating "free speech" laws. Ok, great. In law, there is a term called "redress." This is when there are damages, and the court rules in favor of the plaintiff and the redress is the payment (or right the wrong) made by the defendant. Simple enough, but this isn't a civil lawsuit.
You don't even know what is included in the lawsuit. But I've done the work for you. The lawsuit DOES NOT challenge the law that was passed last year that eliminated Reedy Creek. I repeat, they are NOT challenging the legislature-passed law in Florida that eliminates the Reedy Creek district. That is done and gone, and now Disney will be forced to operate under new district guidelines the same as the rest of the special districts in the state of Florida. THIS IS NOT BEING CHALLENGED.
The Federal lawsuit that Disney filed challenges three things:
1 The right for DeSantis to appoint the new members of the board (rather than being confirmed or elected)
2 The right of the state of Florida code inspectors/engineers to inspect Disney’s theme parks
3 The right of the state of Florida to have design authority of any new Disney buildings (e.g., what the building looks like)
My guess is that this will be a split ruling.
1. Disney MAY win #1, which if they do, the state legislature can just elect the members in a special session, and it becomes legal.
2. They will absolutely lose #2 because Florida will always have this right to manage inspections on anything except Federally owned lands.
3. Maybe Disney wins #3, but again… everything will still need to be approved and to code, so unlikely this makes a huge difference (I also doubt the state of Florida wants to design Disney’s attractions for them).
So... I don't know what else to say to you. This is what the lawsuit is about. The media, Reddit, and your liberal boating forum (that threatened to kill me) will have you believe that the 1st amendment is at stake here. They're simply alleging this, but the three things I listed above are the ones that are actually in the lawsuit.
Furthermore, Desantis filed a counter-lawsuit in state courts. Legal precedence typically states that the Judicial branch / Federal courts will not hear (or don't want to hear) a case while there is a related case on-going in state courts. That means that the counter-suit from Desantis likely needs to be resolved FIRST in the state of Florida, before any further proceedings can even take place in Federal court for Disney's lawsuit. State of Florida could even ask a Federal judge to waive or dismiss the Disney case, and it would likely happen. Never the less, the counter-suit in Florida will likely happen first. Do you know what the make up of the Florida Supreme Court is? There are 7 members on Florida's Supreme Court... 5 of the 7 were appointed by Ron Desantis, two of them were appointed by Crist during a time when he was still Republican, and had to pass a Republican legislature. I can assure you, I know which way that case is going.
Let's say by some magic that Disney prevails in the counter-suit... which seems unlikely in my opinion. So the Federal case goes on. Let's say that Disney wins all three of the things they're asking for. This isn't a civil case, so no damages will be awarded... it's not a class action, or any kind of personal injury or negligence case.
What I laid out above, is more likely. NONE OF THIS... and I repeat, NONE OF THIS gives Disney back the old "Reedy Creek" special district privileges that they once had. It does not, there is absolutely no possible way this could even be possible. If you understand how our government works, we have what's called "Vertical Federalism." That means that the states make all their own laws, so long as they do not conflict with Federal laws. There is nothing here that conflicts with Federal law. There is absolutely nothing in the U.S. Constitution that states that Disney, or any corporation, has the right of sovereignty in a state, and can violate a state's supreme court.
Disney had been grandfathered in, because the Reedy Creek agreement was made prior to Florida's passage of a state Constitution. There was essentially nothing that enshrined that right from Florida, other than the fact that they just didn't do anything about it. It was kind of like... we know you're going 5 miles over the speed limit, we'll ignore it.
The state literally passed a law that went through the legislature, and signed by the governor, that eliminated special privileges, and defined that all special districts must abide by the same rules, in accordance with the Florida state constitution.
I cannot make this make sense to you any more than I have. And yes, I have a law degree.