Don't F**k with Disney

The Mouse House Lawyers Get the Best of DeSantis

Mar 31, 2023

Ron DeSantis went after Disney.

Disney is the single largest producer of entertainment in the world. The value of its intellectual property alone rivals the value of some nice sized countries’ GDPs. It’s founder has won more Oscars than any other person in history. One of the globe’s most ubiquitous symbols in the world since World War II has been its icon Mickey Mouse. It currently owns three of the largest studios for entertainment in the world (Disney, Pixar and Marvel) and many of its films regularly surpass a billion dollars in revenue. Its an empire.

Looking for a way to distinguish himself in the upcoming Republican primaries, DeSantis talked tough about the culture wars; he wanted to sound like Trump but look professional doing it. He wanted to throw some kerosene on the single biggest item driving Republicans today, wokism. To DeSantis, Disney had become nothing but a woke corporation, promting diversity and equity and allowing “Pride Day” at its theme parks. DeSantis thought they needed to be brought down a peg. As Governor of Florida with Disney’s major presence right in his backyard, he had a huge opportunity to show his MAGA bona fides.

It started with DeSantis’ “Don’t Say Gay” bill, which prevented teachers from discussing gender and sexual orientation in early schooling. It also resulted in a deluge of protests and boycotts of Florida businesses, including Disney.

But for some reason seeing an african-american Ariel triggered DeSantis to go after Mickey’s Playhouse. “WOKENESS!” he screamed and bellowed. How dare they support “Gay Pride Day!” he moaned. “HOW DARE DISNEY RELEASE “LIGHTYEAR” WITH GAY PARENTS!” he cried at the heresy. So he did what all crazed culture critics do— he pointed at Disney’s Tower of Babel and started looking for witches…er, ah…. Maleficents to dehorn and Ursulas to drive a boat into.

Since it’s inception, Disney World and all of its ensuing properties (Epcot, Animal Kingdom, etc.) were subject to a special taxing jurisdiction. Think of it as creating an entirely new county for a business. These kind of things are common because it allows tax benefits and incentives to the company, encouraging development and employment, and also allows the company to have more unfettered control over the utilities, sewers, and other parts of its property. Most importantly, the management of the properties by the state are done through that separate entity, the Reedy Creek Improvement District. This allows the state to have some control over what occurs on the property and Disney to have prompt input and redress from the state over anything they may want to do. The members of the board are usually appointees of the Governor, but quite often over the years they had also been friends of Disney as well. It’s been a cozy relationship for the state’s largest employer.

DeSantis went after Disney’s special taxing district by replacing it with an “Oversight Board” that would be appointed by himself. He was going to be Lotso from Toy Story 3, in complete control over the preschool. He had legislation drafted that would remove the current authority and put in place a new one under his control. That law was signed by DeSantis recently and the new board went to work looking at the previous agreements between Disney and the authority to assess what kind of control they had. What they found was a big huge turd that Pluto….or I suppose Goofy laid for them.

When Disney saw what DeSantis was doing earlier this year, Disney’s lawyers went to the books.

Many of these special districts are checks on the company. They have authority over the company to a degree as to the property. But they also develop relationships with the board members over the years— board members who would soon be out of jobs once DeSantis’s bill became law, replaced by religious conservative lackeys of DeSantis. So what if the existing Board sign over most all authority to Disney? Typically, boards wouldn’t do this as they would still want leverage over the entity they are regulating; imagine if the FAA delegated its authority to regulate to Delta and you can see the problems. But here?

And that’s what they did. They did everything above board, gave notice and time for comment consistent with the Florida Sunshine Laws, and nobody from DeSantis’s office seemed to notice. Then they passed and authorized Disney near complete control of the district.

However, you can’t turn over authority forever. There’s something that is called the “Rule against perpetuities.” Its one of those things that you learn your first year of law school, shows up on the Bar Exam and then you never bump into again unless you get into real estate, wills and trusts and a few other areas. Its a rule that basically prevents people from exerting control over property long after they’re dead and buried. A simple version of it could be stated as “No interest is good unless it vests, if at all, no later than 21 years after some life in being at the creation of the interest.” We’re not going to go into the more byzantine details here or sort it out for you; that’s what law school is for. But for our purposes, the particular phrase to focus on is “21 years after some life in being at the creation of the interest.” Who did Disney choose?

That’s right. They chose whichever one of his kids or grandkids lasts the longest. It’s Charles, William, Harry and their kids (not pictured Lillibet).

Not only does this family have a history of living long lives (Elizabeth and her mother lasted long into the high 90s) but they have the best health care in the world. Not to mention Prince Harry’s kid was born just last year. You’re looking at the interest in property ending roughly 120 years from now. And believe it or not, the use of the Royal Family this way has a rich tradition in common law practice. The Disney Lawyers were *Chef’s Kiss*

On top of that, the new board can’t use any of Disney’s brand or trademarks, can’t sell any Disney merchandise and essentially grants Disney broad veto powers over any improvements or changes to properties in the park, according to a copy of the agreement. Under the measure, any changes are “subject to [Disney’s] prior review and comment,” so as to “ensure consistency with the overall design and theming” of the park.

And Lotso Ron DeSantis? He’s looking more and more like a fool with bugs….er.ah…egg on his face for even trying to match wits with the Mouse.

Don’t mess with the Mouse, or you’ll get the ears.

Walt Disney intended to call him Mortimer, but his wife advised him that Mickey would be more appropriate. Mortimer later became Mickey's adversary in the animated shows.
Mickey has constantly introduced himself as Mickey Mouse, but his full name is Mickey Theodore Mouse.
Mickey was the first animated character in a “talkie.” His first words? “Hot Dogs.”
Mickey Mouse is the most popular write-in during elections.
Mickey Mouse was the first non-living (a.k.a. animated) character to get a star on the Hollywood Walk of Fame.

PurpleAmerica Cultural Criticism Corner

There’s been a lot of use of Mickey Mouse peripherally for years. But one of my favorites was at the end of Stanley Kubrick’s Full Metal Jacket, with the troops singing the Micky Mouse Club theme song.

Some other great ones are by South Park creators Matt Stone and Trey Parker, who depict him as some kind of all powerful Emperor after Disney acquired Star Wars.