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Florida Governor Ron DeSantis moves to eliminate Disney’s status in special session

“Ron DeSantis and the Republicans have openly declared war on the state’s LGBTQ minority and allies without thoughts of the ramifications”

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During a press conference Tuesday, Florida Republican Governor Ron DeSantis announced that he had expanded the special session of the state legislature, which was meeting next week to rework and approve congressional re-districting maps, to include eliminating the 1967 law that allows the Walt Disney World Resort property to operate as a self-governing body.

ā€œI am announcing today that we are expanding the call of what they are going to be considering this week,ā€™ā€™ DeSantis said at a news conference in The Villages, a massive master planned retirement community  that sprawls over Sumter, Lake, and Marion counties located approximately 45 miles northwest of Orlando.

ā€œYes, they will be considering the congressional map, but they also will be considering termination of all special districts that were enacted in Florida prior to 1968 ā€” and that includes the Reedy Creek Improvement District.ā€

The Reedy Creek Improvement District is the governing jurisdiction and special taxing district for the land of the Walt Disney World Resort. It includes 39.06 sq mi within the outer limits of Orange and Osceola counties and acts with the same authority and responsibility as a county government.

DeSantis and the media conglomerate locked horns over the Disney Company’s public denouncement of  H.B. 1557, titled ā€œParental Rights in Education,ā€ colloquially known as the ā€˜Donā€™t Say Gayā€™ bill, that DeSantis signed into law last month.

A spokesperson for the Disney Company had issued a statement condemning the legislation.

ā€œFloridaā€™s HB 1557, also known as the ā€˜Donā€™t Say Gayā€™ bill, should never have passed and should never have been signed into law. Our goal as a company is for this law to be repealed by the legislature or struck down in the courts, and we remain committed to supporting the national and state organizations working to achieve that. We are dedicated to standing up for the rights and safety of LGBTQ+ members of the Disney family, as well as the LGBTQ+ community in Florida and across the country.ā€

The governor in response to Disney told reporters:

ā€œFor Disney to come out and put a statement and say that the bill should have never passed and that they are going to actively work to repeal it, I think one was fundamentally dishonest, but two, I think that crossed the line.ā€

Taking aim at Disney corporate leadership including its CEO Bob Chapek he added:

ā€œThis state is governed by the interest of the people of the state of Florida, it is not based on the demands of California corporate executives,ā€ he continued. ā€œThey do not run this state, they do not control this state.ā€

The governor’s call to eliminate the Reedy Creek Improvement District at the beginning of this month was amplified by state Rep. Spencer Roach, R-Fort Myers, a retired U.S. Coast Guardsman, who is licensed to practice law in Florida and Texas, is opposed to abortion and also introduced legislation targeting what he terms ā€œcancel cultureā€ on the campuses of universities and colleges in the state, HB 233.

In the wake of the governor’s announcement Tuesday, a Republican politician and former gambling industry executive from Brevard County, state Rep. Randy Fine tweeted:

“Disney is a guest in Florida. Today, we remind them. @GovDeSantis just expanded the Special Session so I could file HB3C which eliminates Reedy Creek Improvement District, a 50 yr-old special statute that makes Disney to exempt from laws faced by regular Floridians.”

A legislative source speaking on background told the Blade Tuesday that its doubtful that DeSantis and his allies realize the massive burden that will be thrust onto the governments of Orange and Osceola counties. “Consider things such as zoning, sewage, taxation, waste removal, and the loss of money provided by Reedy Creek/Disney for fire-police, and other critical key governmental elements that the company has established in contracts,” the source noted.

“The obvious consideration is that Ron DeSantis and the Republicans have openly declared war on the state’s LGBTQ minority and allies without thoughts of the ramifications- economic alone, and the long term damages created to the state and all Floridians as a result,” the source added.

According to historical documents from the Reedy Creek Improvement District, then-Florida Gov. Claude Kirk signed the RCID Act into law in May 1967, creating two municipalities: Bay Lake and Reedy Creek, which was later renamed Lake Buena Vista. The location, nestled between Orange and Osceola counties, would later become the site where Walt Disney World was built.

The RCID Charter created a 25,000-acre of land as a special taxing district. At the time, it was considered remote and uninhabitable, but now is the site of one of the busiest theme parks in the United States.

To make Disneyā€™s plan happen, the area had to get special privileges from the state of Florida to essentially run itself.

ā€œIn 1967, the Florida State legislature, working with Walt Disney World Company, created a special taxing district ā€“ called the Reedy Creek Improvement District ā€“ that would act with the same authority and responsibility as a county government,ā€ RCID says on its website.

DeSantis announces expanded special session targeting Walt Disney World property:

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Florida

Professor at Baptist university in Virginia found dead in Florida gay saunaĀ 

Orlando police say cause of death undetermined

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A beloved professor of psychology at Averett University, a private Baptist university in Danville, Va., was found dead on March 16 of unknown causes at the Club Orlando, a popular sauna and bathhouse for gay men located in Orlando, Fla.

University officials said David Hanbury, 37, an Associate Professor of Psychology who taught at the university since 2015, was in Orlando attending a conference of the Southern Psychological Association and had initially been reported missing by family members before he was found deceased.

Orlando police told USA Today the cause of death had not been determined but the death ā€œdoes not appear suspicious at this time.ā€ USA Today reports that police said their investigation into the death was ā€œactive and ongoing.ā€

A spokesperson for the Orange County, Fla., Medical Examiner told the Washington Blade it would take about 90 days for the completion of blood work and toxicology tests to confirm the cause of death in a case like this, where there were no obvious signs of injury or illness.

Cassie W. Jones, Associate Vice President of University Marketing and Communications at Averett University, declined to disclose whether Hanbury self-identified as gay in response to an inquiry from the Blade

ā€œAs an employer, we cannot comment on our employeesā€™ personal matters,ā€ Jones said. But when asked if the university would have continued to treat Hanbury with respect and support his tenure at the university if he had come out as gay, she said ā€œabsolutelyā€ in an email response to Blade questions.

ā€œDr. David Hanbury was a dear professor, colleague and friend whose influence was far reaching,ā€ Jones said in a March 21 message to the Blade, ā€œWe send our affection, condolences, and prayers of support to Dr. Hanburyā€™s family, friends and all others upon whom he had a lasting impact.ā€

The Averett University website shows that it has a policy of nondiscrimination that includes the categories of sexual orientation and gender identity among other categories such as race, religion, and ethnicity. The website also shows that the university has an LGBTQ student group called the Gender and Sexuality Alliance or GSA group. 

Jones said the admiration and longstanding support of Hanbury from his fellow professors and students was reflected in a March 18 memorial gathering for him on campus.

ā€œNearly 250 students, faculty, staff, and community members joined as one Averett family, united in grief and sorrow, as we gave thanks for the remarkable life and influence of Dr. Hanbury on our lives and on the University,ā€ Jones said.

ā€œAverett University is committed to inclusion and belonging for all who learn, work and visit our campus,ā€ Jone told the Blade. ā€œOpenness and inclusivity are embedded in our institutionā€™s core values, and we know our diversity makes us stronger.ā€

The Baptist Standard, an independent newspaper  that reports on the Baptist Church, reported in a May 9, 2011, story that the Baptist General Association of Virginia severed ties with Averett University in 2005 over a disagreement with the universityā€™s position on homosexuality. Other news reports at the time said the Baptist organization objected to the universityā€™s support for a gay student group.

Jones, in her message to the Blade, said Averett University currently ā€œis a part of the Baptist General Association of Virginia family of educational partners.ā€ She added, ā€œWe are aligned in our commitment to meet students wherever they are in their faith journey, and welcome those of all faiths or no faith.ā€  

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Florida

Settlement and clarification reached in Fla. ‘Donā€™t Say Gay’ law

Republican Gov. Ron DeSantis signed statute in 2022

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A protest against Florida's 'Don't Say Gay' law in 2022. (Photo courtesy of Jack Petocz)

A settlement reached with the Florida State Board of Education, Florida Department of Education and various school districts and the attorneys and plaintiffs clarifies what is allowed in Florida classrooms under the stateā€™s controversial ā€œParental Rights in Educationā€Ā law colloquially referred to as the ā€œDonā€™t Say Gayā€ law.

The plaintiffsā€™ lawyers at Kaplan Hecker & Fink LLP and the National Center for Lesbian Rights filed the agreement with the 11th U.S. Court of Appeals on Tuesday. The agreement effectively nullifies the most dangerous and discriminatory impacts of the law, and makes clear that the law must be applied neutrally and is no license to discriminate against or erase LGBTQ+ families.

Cameron Driggers and Jack Petocz, who led the statewide student protest against the ā€˜Donā€™t Say Gayā€™ law in March 2022, reacted in a text message to the Washington Blade saying:

ā€œLGBTQ+ students and allies are breathing a sigh of relief today in response to the news that litigation has successfully mediated some of the most extreme aspects of Gov. DeSantisā€™ ‘Donā€™t Say Gay’ legislation. Just about two years ago, we led a statewide school walkout all across the state of Florida in response to that bill. We knew then that it infringed on the basic civil liberties of students and teachers and we look forward to future challenges to other pieces of authoritarian legislation.ā€

ā€œThe settlement restores the ability of students, teachers and others in Florida schools to speak and write freely about sexual orientation and gender identity in class participation and schoolwork,ā€ the legal teams noted in a statement. ā€œIt also restores safeguards against bullying on the basis of sexual orientation and gender identity, and reinstates Gay-Straight Alliances (GSAs). Critically, the settlement also requires the State Board of Education to send todayā€™s agreement to every school district, and to make clear that the settlement reflects the considered position of the state of Florida on the scope and meaning of this law.ā€ the statement continued.

Specifically, the historic settlement agreement clarifies the following:

  • Classroom references. The law does not prohibit references to LGBTQ+ persons, couples, families, or issues, including in literature, in classroom discussion (such as student-to-student speech or teachers responding to studentsā€™ questions), in studentsā€™ academic work product or teachersā€™ review of the same, in teachers identifying same-sex or transgender spouses or partners, or in any other context in which a teacher is not ā€œinstructingā€ on the subject of sexual orientation or gender identity.
  • Nondiscrimination.Ā The law does not target LGBTQ+ persons, couples, families or issues.Ā Rather, it requires neutrality and prohibits ā€œclassroom instructionā€ on the subjects of sexual orientation or gender identity, whether the subject addresses heterosexuality, homosexuality, bisexuality, cisgender identities, transgender identities or otherwise. It would violate the law, then, to instruct that heterosexuality is superior to other sexualities, or that cisgender identities are superior to transgender identities.
  • Anti-bullying and acceptance. The law does not prohibit instruction or intervention against bullying on the basis of sexual orientation or gender identity, nor does it require the removal of safe space stickers or elimination of safe space areas for the benefit of LGBTQ+ persons.
  • Extracurricular activities.Ā The law does not prohibit Gay-Straight Alliances, including student attendance or participation by teachers or other faculty members.Ā The law also does not prohibit book fairs that include LGBTQ+ focused books, musicals or plays with LGBTQ+ references or characters, participation and expression by LGBTQ+ persons in other extracurricular events like school dances, or the wearing of clothing that is affiliated with LGBTQ+ persons or issues or that does not conform with oneā€™s perceived gender identity.
  • Library books. The law does not apply to library books, so long as those books are not being used in the classroom to instruct on the subjects of sexual orientation or gender identity. 
  • Third parties. The law does not apply to non-school-personnel, including parents, other family members, and guest lecturers, so long as the school is not delegating to such third party the role of providing classroom instruction on the subjects of sexual orientation or gender identity.

ā€œWe made a promise to LGBTQ+ families, students and educators across the state to ensure that they received equal dignity under the law, and to protect our schools from a censorship agenda that harms the education system as a whole,ā€ saidĀ Equality Florida Executive Director Nadine Smith.Ā ā€œFlorida has already endured nearly two years of book banning, educators leaving the profession and safe space stickers being ripped off of classroom windows in the wake of this law cynically targeting the LGBTQ+ community.Ā This settlement is a giant step toward repairing the immense damage these laws and the dangerous political rhetoric has inflicted on our families, our schools and our state.Ā The message to school districts, superintendents and teachers alike is clear: Protect every student and respect every family.ā€

In early 2022, Republican Gov. Ron DeSantis signed House Bill 1557, commonly known as the ā€œDonā€™t Say Gayā€ bill. The plaintiffs sued the next day, alleging that the law was impermissibly vague, was obviously motivated by hostility to LGBTQ people and families and created an enforcement system that enabled discrimination and discouraged efforts to fight it. The plaintiffs claimed that the law violated their rights to equal protection, due process, and free speech. The plaintiffs litigated aggressively, and engaged in months of negotiations with the stateā€™s lawyers to forge Monday’s historic settlement.

ā€œThis settlement is a huge victory for our community, both in Florida and nationally. It not only reverses the censorship and intimidation created by Floridaā€™s ‘Donā€™t Say Gay or Trans’ law, it codifies important new protections that were not previously clearly established, such as the right of teachers and staff to talk about LGBTQ people, to put safe space stickers in their classrooms, and to be open about their own LGBTQ identities or same-sex partners, just as straight teachers are able to be,ā€ said NCLR Legal Director Shannon Minter in a phone statement to the Blade. ā€œI am thrilled to be part of this historic moment, which is a strong sign that the tide of anti-LGBTQ hatred and persecution is turning, thanks to the hard work of so many.ā€ 

Human Rights Campaign National Press Secretary Brandon Wolf issued the following statement:

ā€œThis is more evidence: The tide is turning on the anti-LGBTQ+ agenda. In state legislatures and courtrooms in Florida and beyond, discriminatory policies are starting to collapse. The DeSantis administration was forced to acknowledge that their vague, broad law was having sweeping consequences. And this settlement makes clear that every student deserves a safe, welcoming school environment where their families are treated with the respect that they deserve ā€” and that what applies to LGBTQ+ people must apply to others equally. Thank you to the legal team and courageous plaintiffs for challenging this discriminatory law.ā€

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Florida

Fla. DMV: ‘Misrepresenting’ gender on drivers licenses is fraud

HRC, Equality Florida condemn decision to rescind previous policy

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(Washington Blade photo by Michael K. Lavers)

BY ERIN REED ā€” According to a letter submitted by an anonymous source on Monday, the Florida Department of Highway Safety and Motor Vehicles has rescinded the policy that allowed transgender individuals to update the gender marker on their driverā€™s licenses. 

The letter, written by Deputy Executive Director Dave Kerner, states that gender will be interpreted as ā€œbiological sex.ā€ Furthermore, the letter declares that any person ā€œmisrepresentingā€ their gender marker would be guilty of fraud, facing civil and criminal penalties and revocation of licensure.

The letter, apparently sent out on Jan. 26, asserts that ā€œgenderā€ is synonymous with ā€œbiological sex,ā€ and argues that gender identity is ā€œneither immutable nor objectively verifiable.ā€ It suggests that permitting trans individuals to update their gender markers on their driverā€™s licenses would ā€œprevent the state from enforcing its laws.ā€ These laws include bans on trans individuals using the bathroom of their gender identity and laws targeting adult medical care.

You can view the full copy of the letter here:

The move marks a significant escalation and seems to have been initiated unilaterally by the department. This action is in line with other unilateral measures taken by the executive branch in Florida and other states. These include the Florida Board of Medicineā€™s ban on trans care, Virginia Gov. Glenn Youngkinā€™s directive through the Board of Education to ban trans bathroom usage in schools, and Missouri Attorney General Andrew Baileyā€™s efforts to target adult trans care via the rule-making process. However, none of these examples previously involved driverā€™s licenses. If upheld, Florida would become the first state to prohibit driverā€™s license changes under criminal penalty for trans individuals.

The ramifications of this rule could be far-reaching. All trans individuals in the state with Florida driverā€™s licenses not aligning with their ā€œbiological sexā€ might immediately be in possession of a fraudulent license. The state could seek to suspend or revoke the licenses of trans individuals under this policy. Moreover, during traffic stops involving trans individuals, they could face legal challenges with police officers if the officers believe the driverā€™s license ā€œmisrepresentsā€ their ā€œbiological sex.ā€

State Rep. Anna EskamaniĀ appeared to confirmĀ that computer systems were no longer accepting gender changes at FLHSMV offices:

This development coincides with the consideration of two bills in Florida that aim to prohibit driverā€™s license changes through the legislative process: House Bills 1233 and 1639. These bills could require all Floridians to sign ā€œbiological sex affidavitsā€ when renewing or updating their driverā€™s licenses. The policy could be a strategy to deter trans Floridians, aware of the bills, from quickly updating the gender marker on their driverā€™s licenses before their passage. Notably, Florida driverā€™s licenses typically have long expiration periods, often lasting eight years post-issuance.

Under this policy, trans individuals in Florida could face considerable challenges in daily life. Many have already left the state, and of those remaining, 80 percent reportedly wish to leave. This policy could instantly criminalize trans individuals who drive in the state with updated gender markers. It would compel trans people to disclose their identity in any situation requiring a driverā€™s license. Additionally, it would provide Florida a means to enforce its bathroom laws, which criminalize trans individuals for using bathrooms that align with their gender identity in many public spaces.

Nadine Smith, executive director of Equality Florida, issued the following statement:

ā€œThe DeSantis administrationā€™s obsession with scapegoating transgender Floridians has escalated into an outrageous attack that further erodes freedom and liberty in our state. This cruel policy threatens transgender Floridians with civil and criminal penalties and blocks them from obtaining the critical government-issued identification necessary to continue their daily lives. Transgender people have always existed in every culture on every continent and always will. In Florida, tens of thousands of people have legally updated their gender marker on their driverā€™s license or ID. They carefully followed the rules to ensure their identification accurately reflects who they are, and they trusted this process. Now, an abrupt policy reversal has thrown their lives into chaos. The cruelty of this kind of government overreach and intrusion should alarm every Floridian. These reckless and hateful policies are intended to make the transgender community feel unsafe and unwelcome in Florida and to bully them out of public life entirely. 

We know this is a devastating development, and we are working with our coalition partners, our grassroots volunteers, and our legal groups to figure out what options are available to fight back.ā€ 

The Human Rights Campaign reacted to this latest attack on the rights of trans Floridians in an emailed statement by HRC President Kelley Robinson:

ā€œFor years, transgender people have warned of radical anti-LGBTQ+ forcesā€™ true aim: to abuse governmental power to take away our freedoms and drive trans people out of public society,ā€ said Robinson. ā€œFrom AG Paxton hunting for private medical information of transgender children, to Floridaā€™s assault on identification documents, to Midwest lawmakers saying the quiet part out loud, these right wing extremists are no longer hiding the ball. They want to humiliate, harass, and use policy to eliminate transgender people from public life. But you cannot legislate away the community. Transgender people are powerful. They are our friends, neighbors, and family members. And we will stand arm-in-arm with them to fight back against this sinister agenda.ā€

Florida currently occupies the most dangerous level on the Transgender Legislative Risk Assessment Map, ā€œDo Not Travel.ā€ The stateā€™s oppressive laws have drawn similar travel advisories from HRC and Equality Florida. Should this policy be enforced, the stateā€™s trans population will find it even harder to move freely and could come into conflict with law enforcement and criminal penalties just for having documents that match their gender identity. The policy appears to be the latest attempt at putting trans ā€œeradication,ā€ championed at CPAC, into action within the borders of Florida.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues and community. Reed also is a social media consultant and public speaker.

Follow her on Twitter (Link)

Website here: https://www.erininthemorning.com/

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The preceding article was first published at Erin In The Morning and is republished with permission.

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