Global Courant
ORLANDO, FL — A federal judge overseeing the First Amendment lawsuit brought by Walt Disney Parks against Governor Ron DeSantis and others disqualifies himself, but not because of Florida governor bias.
Chief U.S. District Judge Mark Walker said in a lawsuit Thursday that it was because a family member owns 30 shares of Disney stock. Walker described the person as “a third-degree relative,” which usually means a cousin, a great-aunt or great-uncle, or a great-niece or great-nephew.
The governor’s lawyers filed a motion last month to disqualify Walker for citing the ongoing dispute between the DeSantis administration and Disney during hearings in two unrelated lawsuits before him over issues of free speech and fear of retaliation for breaking new laws championed by the governor and Republican lawmakers.
Disney had opposed the governor’s motion, saying the judge had shown no bias.
The judge called DeSantis’ arguments “unfounded” on Thursday. DeSantis declared his candidacy for the 2024 GOP presidential nomination last week.
According to the code of conduct for federal judges, Walker was not required to investigate the financial interests of third-degree relatives, but did so, ruling that “disqualification from this proceeding is required under the circumstances,” he said.
Disney’s share price was around $90 on Friday, so the value of the family member’s property would be around $2,700. In his decision, the judge said that what mattered was not the value of the holdings, but the impact he could have on the investment as a result of a ruling.
“While I believe it is highly unlikely that this proceeding will have a substantial effect on The Walt Disney Company, I choose to err on the side of caution – whatever the case for judicial integrity here – and disqualify myself.” said Walker, who was nominated by President Barack Obama for the federal bench in 2012.
The feud between DeSantis and Disney began last year after the company, under intense pressure, publicly opposed legislation related to first-class sexual orientation and gender identity classes that critics dubbed “Don’t Say Gay.”
As punishment, DeSantis took over Disney World’s administrative district through legislation passed by lawmakers and appointed a new Board of Supervisors. Before the new board took office, the company signed agreements with the old board, made up of Disney supporters, stripping the new supervisors of design and construction authority.
In response, the Republican-controlled Florida legislature passed legislation allowing the DeSantis-appointed board to revoke those agreements and subject the theme park resort’s monorail system to state inspection, when it had previously been done internally.
Disney filed a First Amendment lawsuit in April against the Florida governor and the DeSantis-appointed board, alleging freedom of speech and contract violations. The DeSantis-appointed board, known as the Central Florida Tourism Oversight District, sued Disney in state court in Orlando to void the deals the company made with the previous board.
DeSantis on Thursday named Tampa attorney Charbel Barakat to the board of trustees to replace Michael Sasso, who resigned last month around the same time the governor appointed Sasso’s wife, Meredith, to the Florida Supreme Court.
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Follow Mike Schneider on Twitter at @MikeSchneiderAP
