by Karl Denninger, Market Ticker:
It turns out the “outgoing” Reedy Creek district, knowing they were being removed by the Florida Legislature and Governor, entered into extremely long contracts with modification clauses that are effectively perpetual, thus nullifying in large part the legislation.
Anyone who believes DeSantis and the Legislature did not know this was likely (or was even in process) has rocks in their head.
Putting a defensive clause in legislation where this sort of action is likely is not only Constitutional it is standard. Indeed the same shows up in contracts all the time; it is commonly known as a “stand still” clause. That is, the parties agree that they will continue as if the engagement had not occurred in the ordinary course of business, and if they don’t the party that doesn’t is subject to having their decisions reversed or the deal walked away from.
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This can be done in legislation as well with a “lookback” clause specifying that actions taken after a given date, which is when the contemplation of the said legislative action was first proposed, are deemed either suspect or per-se undertaken in bad faith and presumptively void.
That doesn’t mean someone won’t sue over this; they will. But with the clear intent of the legislature in the statute they’ll almost-certainly lose too; bad faith actions are rarely allowed to stand when challenged.
There was no such clause in the Florida bill; that was intentional folks, and was intended to do exactly what Reedy Creek and Disney did.
Don’t fall for the protests now from people in the Florida legislature. You got played down there, once again, by the GOP claiming to be “for the people and in this case children of young age in schools” when in fact they were after nothing other than campaign promises, votes and donations.
You don’t expect a snake to stop being a snake because you ask it nicely; if you’ve determined that some group is in fact a snake then you tape its mouth shut so it can’t bite you.
The responsibility for this failure lies with Ron DeSantis and the Florida Legislature, not with Disney.
Likewise, DeSantis’ statement on Trump and extradition is worthless political theater. He doesn’t issue the Governor’s Warrant in this case New York does. He cannot block it; full faith and credit is real and he can no more “decide” not to honor it than California can decide not to honor a Florida warrant for a doctor who performed genitalia-altering surgery on a minor in Florida in violation of a Florida Law and then fled to California. He will not interfere because he can’t in such a case, never mind that it would colossally stupid for Trump to try to challenge extradition because declaring in court that you do not recognize NY State jurisdiction over your actions means when you lose, and you will, you will be no-bailed as you have publicly stated, in court, you do not recognize their capacity to prosecute and thus they are reasonably entitled to presume you will not honor bail conditions — like showing up at the appointed time for trial! Simply put Trump’s not that sort of crazy and I’m sure he doesn’t want to sit in Riker’s for the next several months.
