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Judge recuses himself from Disney lawsuit against Florida Gov. Ron DeSantis

U.S. District Chief Judge Mark Walker has recused himself from the Disney lawsuit against Florida Gov. Ron DeSantis because a relative of the judge owns 30 shares of Disney stock. A Trump-appointed judge will now hear the Disney suit. File Photo by Jim Ruymen/UPI
1 of 2 | U.S. District Chief Judge Mark Walker has recused himself from the Disney lawsuit against Florida Gov. Ron DeSantis because a relative of the judge owns 30 shares of Disney stock. A Trump-appointed judge will now hear the Disney suit. File Photo by Jim Ruymen/UPI | License Photo

June 2 (UPI) -- The federal judge hearing Disney's lawsuit against Florida Gov. Ron DeSantis has recused himself from the case, citing a family member who holds stock in the company.

U.S. Chief District Judge Mark Walker denied requests from DeSantis to disqualify himself over previous comments he made in court, but said he would still step away as he had discovered a "third-degree" relative owns 30 shares of Disney stock.

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"I choose to err on the side of caution -- which, here, is also the side of judicial integrity --and disqualify myself," Walker wrote, explaining he became aware of the relative owning Disney stock last week.

DeSantis had moved to remove Judge Walker from the case over past statements he made in cases referring to Disney's previous status as a special district in Florida could "imply he has prejudged the retaliation in question."

Walker said DeSanits' original claim was without merit, and his use of "hypothetical questions referencing facts related to this case, in an earlier case also dealing with the motivations of political actors (including some of the same actors here), cannot raise a substantial doubt about my impartiality in the mind of a fully informed, disinterested lay person."

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As a result of Walker recusing himself, the Disney lawsuit will now be heard by Trump-appointed U.S. District Judge Allen Winsor. Winsor once worked as Florida solicitor general.

Disney's suit alleges unconstitutional political retaliation and First Amendment violations by the state of Florida in a campaign by DeSantis to "weaponize government power" against the company.

It claims that Florida moved to punish Disney after the company spoke out against a law restricting schools from discussion or instruction about gay people known as the "don't say gay" law.

After Disney publicly criticized the law, DeSantis pushed a bill through the state legislature in a special session eliminating Disney's self-governing special tax district it had had since 1967.

Disney's suit says DeSantis used state government power against the company in a "targeted campaign of government retaliation -- orchestrated at every level by Gov. DeSantis as punishment for Disney's protected speech."

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