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By James Bickerton
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Judge Allen C. Winsor, who previously rejected a bid to block Ron DeSantis's Parental Rights in Education Act, will now preside over the lawsuit Disney has filed against the Florida governor in a potential boost for the Republican.
Winsor assumed the position after District Judge Mark E. Walker, who had been presiding over the case, disqualified himself after learning a relative owned 30 shares in Disney stock. Speaking to Newsweek, one ex-federal prosecutor said the recusal "helps DeSantis's chances" and has given the governor "the advantage."
Disney claims DeSantis violated its First Amendment rights by retaliating after the company spoke out against the Florida governor's Parental Rights in Education Act— dubbed the "Don't Say Gay" bill by critics—which bans "classroom discussion" in schools about sexual orientation or gender identity, up until a certain grade.
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DeSantis then removed the largely self-governing status Disney had enjoyed around its Florida parks and appointed his own oversight board.
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Last week, DeSantis announced he is running for the 2024 Republican presidential nomination, with polling indicating he is GOP voters' second most favored candidate after Donald Trump.
In February, Winsor rejected a lawsuit filed by a group of teachers, parents and students, who argued Florida's Parental Rights in Education Act was unconstitutional.
In a 21-page ruling, he concluded: "Plaintiffs have shown a strident disagreement with the new law, and they have alleged facts to show its very existence causes them deep hurt and disappointment. But to invoke a federal court's jurisdiction, they must allege more. Their failure to do so requires dismissal."
The appointment of a judge who has previously ruled in DeSantis's favor, and who has been described as a "conservative ideologue" by a civil rights group, is likely to be privately welcomed by the Florida governor.
Neama Rahmani, president of West Coast Trial Lawyers and former federal prosecutor, spoke to Newsweek about why he thinks the change in judge is a boost for DeSantis.
"Judge Walker's recusal helps Desantis' chances. He was judge shopping, no doubt, but there is nothing Disney can do now to prevent Walker from stepping down if he believes a close relative has a financial interest in the case," he told Newsweek.
"Now that Judge Winsor has been reassigned, the governor has the advantage. Winsor is a Trump appointee and previously upheld Florida's 'Don't Say Gay' law," Rahmani added.
Newsweek has reached out to Disney and Governor DeSantis via email for comment.
Walker disqualified himself on Thursday after finding out a relative owned 30 Disney shares, valued at about $89 each.
Explaining his decision, Walker wrote: "When a judge becomes aware that a third-degree relative has a financial interest that may be affected by the outcome of a proceeding, such as the case here, that judge must determine whether the third-degree relative's financial interest 'could be substantially affected by the outcome of the proceeding.'"
Third-degree relatives include "great-grandparents, great-grandchildren, great uncles/aunts and first cousins," according to a Cornell University definition.
Lawyers for DeSantis had claimed Walker had "prejudged" the subject area in comments made during a previous case and said he should be removed from the Disney lawsuit. They claimed Walker had commented, "Disney is going to lose its status because arguably, because they made a statement that runs afoul, ran afoul of state policy of the controlling party."
Walker rejected this claim, arguing the comments "cannot raise a substantial doubt about my impartiality," before stepping back over the family connection with Judge Winsor appointed as his replacement.
In 2018, the Leadership Conference on Civil and Human Rights, an umbrella group for civil rights campaigners, opposed Winsor's confirmation to the U.S. district court for the Northern District of Florida.
In an open letter, the group said: "Mr. Winsor is a young, conservative ideologue who has attempted to restrict voting rights, LGBT equality, reproductive freedom, environmental protection, criminal defendants' rights, and gun safety. He does not possess the neutrality and fair-mindedness necessary to serve in a lifetime position as a federal judge."
Update 06/02/2023, 5:57 p.m. ET: This story has been updated with comment from Neama Rahmani, West Coast Trial Lawyers president.
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