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Judge who dismissed Don’t Say Gay challenge to decide DeSantis vs Disney lawsuit

Posted on June 9, 2023June 8, 2023 by CharlotteM

A judge who previously supported Florida’s Don’t Say Gay law has been assigned to oversee the lawsuit between Disney and Ron DeSantis, following the recusal of a colleague from the case. District judge Mark Walker, who was appointed by former President Obama, stepped down after discovering that a relative owns shares in the Walt Disney Company, according to Forbes. Consequently, the case was reassigned to district judge Allen Winsor, appointed by Donald Trump.

Judge Winsor, who assumed his position in the United States District Court for the Northern District of Florida in 2019, has a history of dismissing lawsuits challenging Florida’s Parental Rights in Education law, also known as Don’t Say Gay. In previous cases, he ruled that the plaintiffs’ arguments lacked merit and did not have sufficient standing. The Don’t Say Gay law prohibits public school teachers from engaging in classroom discussions about sexual orientation or gender identity and was expanded last year to include students up to the eighth grade.

Prior to his appointment as a judge, Winsor served as solicitor general of Florida from 2013 to 2016. During that time, he defended Florida’s ban on same-sex marriage, which had been in effect since 1977, according to The Leadership Conference on Civil and Human Rights. Winsor has also expressed opposition to abortion rights, environmental protections, and gun-safety measures.

Judge Walker, upon recusing himself, denied allegations of impartiality made by Governor DeSantis’ legal team. Walker had previously blocked Florida officials from enforcing the Stop Woke Act, a legislation signed by DeSantis targeting critical race theory and imposing restrictions on teaching about racism, homophobia, and systemic biases in workplaces, schools, and colleges.

In April, Disney initiated legal action against DeSantis over his interference with the theme park’s special district. The lawsuit accuses DeSantis and his supporters of unlawfully using state government to carry out a “targeted campaign of government retaliation” against Disney for expressing opinions protected by the First Amendment. Disney’s complaint alleges that the state’s oversight board, at the governor’s behest, voided development contracts, leading to financial losses and job cuts. DeSantis’ administration has responded by calling the lawsuit an attempt to undermine the will of Florida voters and operate outside the boundaries of the law.

The legal battle between Disney and DeSantis continues as the two sides present their arguments before Judge Winsor, who will now preside over the case.

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