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Desantis is a POS and needs his own thread

Gil Bang

By Gil Bang
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Poe It Up
Poe It Up

It has less to do with that and more to do with the breakdown of the nuclear family. It all traces back to fathers staying home and raising their children. Single income families will never escape pov

wildcat09
wildcat09

Good call.

Surlymermaid
Surlymermaid

I really try to consider every opinion with an open mind, realizing we all have different values, thought processes, cultures, etc. But some of you make this so fucking difficult. I am a school cou

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fattyflattie

fattyflattie 4639

Posted
Posted
1 hour ago, mdmost said:

Not a lawyer but I'd venture you can't sue in state court since the Governor is involved and there's no way to get a fair trial. This was done in the court that is in Tallahassee. You figure Disney will take it to an Orlando area federal court but I'd imagine there's a good reason for that. This is what Disney is seeking (2nd image), they are not asking for damages:

 

If it goes federal, does it eventually make it to supreme?

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mdmost

mdmost 43001

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4 minutes ago, fattyflattie said:

If it goes federal, does it eventually make it to supreme?

I'm sure the losing side will appeal it all the way up. The new board already stated they would challenge up to the Supreme Court when they found out Disney removed their authority. 

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YGIFS

YGIFS 19449

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Imagine being a man of some relative means.  With three children.  Living in Florida.  And being the governor/former governor of Florida.  And having gotten married at Disney World.  And having to tell your three children every single year for the next decade plus why you're unable to take them to Disney World despite everything point to, "We should totally ask Dad to take us to Disney World."  Holy shit. 

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atomheartbevo

atomheartbevo 89630

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So Nikki Haley said she'd welcome Disney to South Carolina, apparently taking a jab at DeSantis going after a business.

DeSantis's super PAC (or a super PAC supporting him) released this afterward:

Good to see he or his backers are taking jabs at somebody polling at 5% while the guy who has 49% to DeSantis's 26% continues to shit all over DeSantis.

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Chad Fuck

Chad Fuck 17659

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So Nikki Haley said she'd welcome Disney to South Carolina, apparently taking a jab at DeSantis going after a business.
DeSantis's super PAC (or a super PAC supporting him) released this afterward:
Good to see he or his backers are taking jabs at somebody polling at 5% while the guy who has 49% to DeSantis's 26% continues to shit all over DeSantis.

Republicans punch down, never up. Even at each other.
Punching down is what Republicans do best 

Beat me to it. Great minds and all.
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Foosters

Foosters 17842

Posted
Posted
1 hour ago, Serak The Preparer said:

@TwiceHorn or other Surly lawyers (don't want to crash the board by @'ing them all) - any thoughts on this analysis? 

Here's my counter-take after reviewing for about 6 minutes.

This case is distinguishable from Kensington for one reason - there are over 1500 "Special Improvement Districts" in Florida. Florida moved to strip authority and punish just one - the one that disagreed with DeSantis. Had Florida terminated the contracts of ALL special improvement districts then perhaps that analysis would apply. Kensington would be directly on point had the municipality in that case only eliminated the funding for the firemen who spoke out. 

Seems like this case Kansas v. UMBEHR 518 U.S. 668, is more on point:

Following nonrenewal of his trash hauling contract with county, independent contractor brought § 1983 action against two members of board of county commissioners, alleging that they had terminated his government contract in retaliation for his criticism of county and board. The United States District Court for the District of Kansas, Richard Dean Rogers, J., granted summary judgment for defendants, and contractor appealed. The United States Court of Appeals for the Tenth Circuit, 44 F.3d 876,reversed, and certiorari was granted. The Supreme Court, Justice O'Connor, held that First Amendment protects independent contractors from termination or prevention of automatic renewal of at-will government contracts in retaliation for their exercise of freedom of speech.

Finally, Twitterlawyer's analysis seems to gloss over that the crux of the lawusit is over Florida trying to revoke a valid contract and replace the existing, agreed upon terms with ones they prefer. That's just basic contracts stuff and really doesn't have a lot to do with Kensington.

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TwiceHorn

TwiceHorn 31440

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1 hour ago, Foosters said:

Here's my counter-take after reviewing for about 6 minutes.

This case is distinguishable from Kensington for one reason - there are over 1500 "Special Improvement Districts" in Florida. Florida moved to strip authority and punish just one - the one that disagreed with DeSantis. Had Florida terminated the contracts of ALL special improvement districts then perhaps that analysis would apply. Kensington would be directly on point had the municipality in that case only eliminated the funding for the firemen who spoke out. 

Seems like this case Kansas v. UMBEHR 518 U.S. 668, is more on point:

Following nonrenewal of his trash hauling contract with county, independent contractor brought § 1983 action against two members of board of county commissioners, alleging that they had terminated his government contract in retaliation for his criticism of county and board. The United States District Court for the District of Kansas, Richard Dean Rogers, J., granted summary judgment for defendants, and contractor appealed. The United States Court of Appeals for the Tenth Circuit, 44 F.3d 876,reversed, and certiorari was granted. The Supreme Court, Justice O'Connor, held that First Amendment protects independent contractors from termination or prevention of automatic renewal of at-will government contracts in retaliation for their exercise of freedom of speech.

Finally, Twitterlawyer's analysis seems to gloss over that the crux of the lawusit is over Florida trying to revoke a valid contract and replace the existing, agreed upon terms with ones they prefer. That's just basic contracts stuff and really doesn't have a lot to do with Kensington.

Haven't studied this one at all.

The basic rule of Kensington is one you can count on courts to follow most of the time:  when a government action (by an official or body) is facially a legitimate exercise of their power, we won't look behind it for "true motivations," even if those motivations are nefarious and unlawful as hell in other circumstances.

It's unfortunate, but tends to be the way it is, because at least hypothetically, if you let people sue and examine the true motivations of government actors, everything would grind to a halt pretty quick, with every aggrieved party challenging every governmental action on whatever grounds they can gin up.

I'm going to assume that Disney has something more than "retaliation for exercise of First Amendment rights" up their sleeve.  I think this whole deal is more complex than that.

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Irwin F Fletcher

Irwin F Fletcher 3550

Posted
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Ron was JAG. JAG is part of the military the same way the manager is part of the football team.
I'll not stand here and allow you to besmirch the J.A.G. Corp.

If this show taught me anything, the J.AG. Corp is an Officer who is a lawyer, Navy SEAL, pilot, SWO, occasional Playboy and in a pinch Naval Intelligence Officer 7498de323d5c17784fa3c69d764b28a8.jpg
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YGIFS

YGIFS 19449

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It's the way he says all sassy-pants "Who said that?" that does him in.  It's not a bad answer, but that little "Look, I'm running for 8th grade class president, who said that?!?" that really buries him.  I was half expecting him to say, "Never mind what Stacy said, we're gonna get that soda machine in the lunch room okay?!?!?" 

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Horn Dog

Horn Dog 9816

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So meatball’s contention is that the detainees are lying cause how could they remember him from 2006?  
 I’ve never been a tortured prisoner but I am pretty sure I would remember those responsible for my torture pretty well, and even more so if one of them layer decided to run for president .

 

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atomheartbevo

atomheartbevo 89630

Posted
Posted
20 minutes ago, Horn Dog said:

So meatball’s contention is that the detainees are lying cause how could they remember him from 2006?  
 I’ve never been a tortured prisoner but I am pretty sure I would remember those responsible for my torture pretty well, and even more so if one of them layer decided to run for president .

Unless you wear a mask of some sort and alter your voice in some way, people that you tortured decades ago could easily identify you, to the point you better move a few states away just to be safe.

That story won't matter for him though, but Lil Marco is sending out warnings that he will ignore, that he needs to tone it down on Disney, although arguably it's too late.

https://thehill.com/homenews/senate/3976235-rubio-warns-against-florida-going-after-companies-for-political-purposes/

Quote

Rubio said in an interview on Fox News that Florida addressing an arrangement that gave Disney “governmental-type powers” is a “perfectly legitimate thing.” But he said it raises concerns that a business could face retribution for disagreeing politically with a state legislature.

“I think where it gets problematic in the eyes of some people is when you start creating the idea — and I’m not saying we’re there yet as a state — but the idea that somehow if you run crossways with us politically, whoever’s in charge, then you may wind up in the crosshairs of the legislature for political purposes to make a statement at you,” Rubio said. 

Quote

Rubio said he is concerned that if this type of situation happens “too many times,” businesses might hesitate to come to Florida out of fear that they could face political retaliation. 

 

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RDCanecutter

RDCanecutter 26398

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Posted
11 hours ago, mdmost said:

This shit might play well to the idiots on Fox News but this will be laughed out of court. They really are the dumbest fucking people.

 

https://floridapolitics.com/archives/607478-ashley-moody-puzzled-by-disney-suing-ron-desantis/

Ashley Moody was created using chopped pig skin marinated in pickle juice.

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Dnaguy

Dnaguy 11920

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8 hours ago, Irwin F Fletcher said:

I'll not stand here and allow you to besmirch the J.A.G. Corp.

If this show taught me anything, the J.AG. Corp is an Officer who is a lawyer, Navy SEAL, pilot, SWO, occasional Playboy and in a pinch Naval Intelligence Officer 7498de323d5c17784fa3c69d764b28a8.jpg

This show was about military stuff?

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TwiceHorn

TwiceHorn 31440

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Posted (edited)
13 hours ago, TwiceHorn said:

Haven't studied this one at all.

The basic rule of Kensington is one you can count on courts to follow most of the time:  when a government action (by an official or body) is facially a legitimate exercise of their power, we won't look behind it for "true motivations," even if those motivations are nefarious and unlawful as hell in other circumstances.

It's unfortunate, but tends to be the way it is, because at least hypothetically, if you let people sue and examine the true motivations of government actors, everything would grind to a halt pretty quick, with every aggrieved party challenging every governmental action on whatever grounds they can gin up.

I'm going to assume that Disney has something more than "retaliation for exercise of First Amendment rights" up their sleeve.  I think this whole deal is more complex than that.

Here's the lawsuit.  https://www.cnn.com/2023/04/26/politics/read-disney-desantis-lawsuit/index.html The first allegation is violation of the Contracts Clause.  I would think that has some teeth.  Second allegation is taking without compensation and those are usually subtle and hard to analyze, imo.  Also Due Process, no clue how that comes out.  The last one is First Amendment retaliation.

This is certainly a more complicated group of legislative and governmental acts than the single budget item in Kensington.  And they seem to have problems other than just being retaliatory, but every single one of them is retaliatory and the record on that is more stark.

They've got pretty hot shit counsel:  Daniel Petrocelli from OMelveny & Meyers LA and Wilmer Cutler out of NY/DC  O'Melveny is basically the Chinatown/Mulholland Falls firm that created LA, Wilmer Cutler has a lot of governmental affairs horsepower..

Edited by TwiceHorn
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Nice Guy Eddie

Nice Guy Eddie 13509

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Non lawyer so I have zero opinion whether Disney's suit could hold up, but what is in Disney's favor is that DeSantis doesn't want a court to win this battle for him. It would be a weak win for DeSantis if a court sides with DeSantis/Fla at some point next year. 

He's going to want to soon beat down Disney himself so most likely he will do something else that will continue to give Disney ammunition. 

I've been a bit surprised that Disney hasn't spoken about looking into a 3rd national location for their theme park if only as a subtle threat about leaving FL. Just hinting about it should scare central Florida.

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YGIFS

YGIFS 19449

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It would be 50/50 whether or not some other state would give them the sort of tax protection they've enjoyed for decades in Florida.  

But it would absolutely crater Orlando/Kissimmee if Disney World were to pull out of there.  Yes, there's other parks there but that just send Central Florida into an oblivion they would likely never recover from.  it'd be like making gambling illegal in Las vegas.  Sure, there's other assets and attractions but it would devastate them.

So of course DeSantis says, "hold my beer"

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Horn Dog

Horn Dog 9816

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Disney World is a incredible asset for Florida.  Beyond the taxes, the tourism, free advertising and cache as a "destination" is simply invaluable.  If I was governor of another southern state I would be making a real push to provide free land, the same special district autonomy, tax breaks.  Shit I would look into covering a portion of the costs of moving all their shit over.   Sure that is probably a big chunk of change, but can you imagine the effect having WDW locked for 100yrs would have on Louisiana, Arkansas, Mississippi, etc?   It would be an absolute game changer. 

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Woland

Woland 732

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Interesting quote from McCarthy

“If you’re going to be a large employer inside this state, you should also abide by the rules and run your business and don’t think you should get into politics,” he said, later adding, “You can take whatever position you want, but remember, if you’re elected to run a business, that’s what your shareholders want you to do.”

Now Republicans are concerned about business getting into politics.

https://thehill.com/homenews/house/3977788-mccarthy-hits-desantis-on-disney-prison-quip-sit-down-and-negotiate/

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Horn Dog

Horn Dog 9816

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Oh great.   So I am sure McCarthy would support a bill making it illegal for businesses, or the use of business proceeds, to in any way support a political candidate or political cause.    We can call it "The Daily Texan Apolitical Act of 2023" 

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YGIFS

YGIFS 19449

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Yeah, my gaydar ain't what is used to be...and I'm not suggesting he is a homosexual (NTTAWWT)...but there was something way off about that exchange.  And the fucking body language did not help.  Also, for such an educated man, his use of the term "Pre-Ordained" was........uh..........puzzling.

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atomheartbevo

atomheartbevo 89630

Posted
Posted
2 hours ago, YGIFS said:

..but there was something way off about that exchange.  And the fucking body language did not help.  Also, for such an educated man, his use of the term "Pre-Ordained" was........uh..........puzzling.

2 hours ago, aggie08 said:

Does he travel around with a crowd whose sole purpose of sitting around waiting to applaud him for bullying the media, or is that just Florida?

Even with some friendly people in the crowd, he clearly does not handle stress very well.  Trump would demolish him in a debate.

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High Plains Drifter

High Plains Drifter 11033

Posted
Posted
2 hours ago, aggie08 said:

Does he travel around with a crowd whose sole purpose of sitting around waiting to applaud him for bullying the media, or is that just Florida?

 

That's his entourage of aides and other assorted toadies and boot-lickers who's job is to clap whenever he "pwns" a lib or member of the press.

 

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