The core of the problems with Disney and Florida is the American addiction to corporatism. This is the use of government power for the benefit of the government’s patrons. Stated differently, it is a symbiotic relationship between the government and a private business that gives government officials corporate largesse and the private business a near monopoly. It is capturing the power of the state to increase private wealth at the expense of others.
Corporatism is immoral because it bribes the state to give government power to a patron. It is economically counterproductive because it stifles competition. It is unconstitutional because it violates equal protection and, in the Florida dispute with Disney, free speech.
In the 1960s, when Walt Disney came upon 25,000 acres of land outside Orlando, Florida, for his theme park, he crafted a deal with the state that gave his company extraordinary control over the land in return for building the park. For Florida, it was a win in terms of tourism dollars and employment opportunities. For Disney, it was a win in terms of relief from local regulatory constraints and certain state and local taxes.
Last week, after much public dispute between Disney personnel and Florida officials over a new Florida statute prohibiting government schoolteachers from teaching about sexual orientation and gender identity to 5-, 6- and 7-year-olds, Florida enacted legislation abrogating the contract between itself and Disney. It appears that the abrogating legislation was in retaliation for Disney’s public opposition to the school curriculum legislation.
Can the government constitutionally favor one business over others that are similarly situated by granting relief from legal obligations to the one and not to the others? Can the government constitutionally punish a corporation for the exercise of free speech by its officers and employees? The short answer to both questions is: No.
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https://www.lewrockwell.com/2022/04/andrew-p-napolitano/the-problems-with-disney-and-florida/