A California judge is refusing — for now — to dismiss a lawsuit filed by the Village People against Disney, alleging the Hollywood giant blacklisted the legendary disco group from performing at Walt Disney World.
In a ruling issued Friday (June 21), San Diego County Superior Court Judge Katherine Bacall ruled that the Village People could proceed with the case, which accuses Disney of violating state law and committing fraud by placing a “do not preserve” order on the group.
Disney had argued that it has a First Amendment right to hire — or not hire — any band it chooses, citing a special California law designed to protect free speech. But in her ruling last week, the judge said the company failed to prove the statute applied to the case.
Importantly, the decision does not mean the villagers will win the case. Instead, the judge simply denied Disney's request to dismiss the case at the outset. The two sides will now move toward discovery and a possible trial, where the band will have to fully prove its claims.
A Disney representative did not immediately return a request for comment.
Karen Willis, wife of Village People singer Victor Willis, filed the suit in September, alleging that Disney had broken the law by “flatly refusing to seriously consider the group” for reservations at the Orlando theme park: “This unfair business practice practice by Disney denied the Village People the opportunity to compete fairly for a spot to appear at Disney,” the complaint said.
Although the case targets Disney, the lawsuit appears to have its roots in a dispute between members of the original Village People lineup over who would play with the iconic name.
According to court records, Willis returned to the band in 2017 and formed a “revamped version” of the Village People — in the process, replacing an existing lineup that had been touring under the name for years. The suit alleges that the previous iteration, with two other original members, “didn't go away quietly” and that they were “offended” when Willis' Village People took over their existing spot at Disney World for a run of shows in 2018.
After the rejected members allegedly contacted Disney to protest and “launched a campaign” against the new band, the suit alleges that Disney “engaged in a series of egregious and outrageous conduct,” including failing to provide security and refusing to pay them properly.
After Willis complained that he was treated very badly during the new band's 2018 performance at the park, Disney has since refused to re-enact the group – effectively banning them from performing at the theme park. The lawsuit includes claims for breach of contract, unfair competition, fraud and conspiracy.
Before last week's ruling, Disney had argued that the case should be dismissed under California's so-called anti-SLAPP provision — a law designed to quickly dismiss wrongful lawsuits that threaten free speech. The studio argued that deciding which concerts to close was a form of constitutionally protected free speech rights and that they had the legal right to refuse to close the Village People.
While Disney could very well have dismissed the lawsuit, Judge Bacal ruled Friday that the company had not met the specific legal requirements to use the anti-SLAPP law. Specifically, the judge said Disney failed to show that the controversy in the case was connected to the kind of “public conversation” protected by the statute.
“There is no indication that the defendants' statements entered the public domain,” the judge wrote. “Defendants have not shown that the alleged statements contributed to or furthered the public debate on a matter of public concern.”
from our partners at https://www.billboard.com/pro/village-people-lawsuit-disney-world-ban-proceed-judge/
