Attorneys try to stop DeSantis appointees from giving depositions in Disney lawsuit

ORLANDO, Fla. (AP) — Attorneys for the Walt Disney World governing 
district taken over last year by Gov. Ron DeSantis' allies don't want the 
governor's appointees answering questions under oath as part of its state 
lawsuit against Disney.

District attorneys on Monday filed a motion for a protective order that 
would stop the DeSantis-appointed board members of the Central Florida 
Tourism Oversight District from having to give videotaped depositions to 
Disney attorneys.

Disney and the DeSantis appointees are fighting in state court over who 
controls the governing district for Disney World. The district had been 
controlled by Disney supporters before last year's takeover — which was 
sparked by the company's opposition to Florida's so-called “Don't Say Gay” 
law. It provides municipal services such as firefighting, planning and 
mosquito control, among other things, and was controlled by Disney 
supporters for most of its five decades.

District attorneys cite the “apex doctrine,” which generally provides that 
high-level government officers shouldn't be subject to depositions unless 
opposing parties have exhausted all other means of obtaining information. 
The doctrine is used in just a handful of U.S. states, including Florida.

“Disney cannot demonstrate that the individual board members have unique, 
personal knowledge that would be relevant to any of the claims, 
counterclaims or defenses in this action to overcome the apex doctrine,” 
district attorneys said in their motion. “Disney's assault-style effort to 
depose all the board members is simply an improper form of harassment of 
these high-level government officials.”

The motion includes statements from the board members who claim that being 
forced to give depositions would “impede” their ability to fulfill their 
duties and divert resources and attention away from overseeing the 
district.

Earlier this month, Disney gave notice of its intention to question under 
oath six current and past DeSantis-appointed board members for the purpose 
of “discovery,” or the process of gathering information for the case. The 
entertainment giant has said previously that the district has stymied its 
efforts to get documents and other information, and Disney filed a public 
records lawsuit against the district earlier this year, claiming the 
district's response to its requests were “unreasonably delayed” and 
“woefully inadequate.”

Since the takeover last year, the district has faced an exodus of 
experienced staffers, with many in exit surveys complaining that the 
governing body has been politicized since the changeover. Just this month, 
the district's administrator left to become a county elections supervisor 
at half the $400,000 salary he was earning at the district, and the 
district's DeSantis-appointed board chairman departed the following week.

A fight between DeSantis and Disney began in 2022 after the company, 
facing significant internal and external pressure, publicly opposed a 
state law that critics have called “Don’t Say Gay.” The 2022 law bans 
classroom lessons on sexual orientation and gender identity in early 
grades and was championed by DeSantis, who used Disney as a punching bag 
in speeches until he suspended his presidential campaign this year.

As punishment, DeSantis took over the district through legislation passed 
by the Republican-controlled Florida Legislature and appointed a new board 
of supervisors.

Disney sued DeSantis and his appointees, claiming the company’s free 
speech rights were violated for speaking out against the legislation. A 
federal judge dismissed that lawsuit in January. Disney has appealed.

Before control of the district changed hands from Disney allies to 
DeSantis appointees early last year, the Disney supporters on its board 
signed agreements with Disney shifting control over design and 
construction at Disney World to the company. The new DeSantis appointees 
claimed the “eleventh-hour deals” neutered their powers, and the district 
sued the company in state court in Orlando to have the contracts voided.

Disney has filed counterclaims that include asking the state court to 
declare the agreements valid and enforceable.

https://www.yahoo.com/news/attorneys-try-stop-desantis-appointees-
143001153.html