Entertainment
Gina Carano's lawsuit against Disney not dismissed, trial or settlement likely
Actress Gina Carano's lawsuit against Disney and Lucasfilm appears set to move forward, after a federal judge declined to dismiss the complaint.
Judge Sherilyn Peace Garnett's ruling will likely mean the lawsuit will go to trial…or that Disney and Carano will reach a settlement.
Carano had sued Disney earlier this year over her high-profile firing from the Disney+ series The Mandalorian in 2021, in which the company said that “its social media posts denigrating people based on their cultural and religious identities are abhorrent and unacceptable.”
The complaint, backed by Elon Musk through his company X, alleges that Carano was fired for holding conservative political views.
“I think it's pretty amazing what he does,” Carano said. The Hollywood Reporter In a profile published in March, “Many billionaires have invested their money in buying islands and building bunkers. Elon Musk is using his money to fight injustice on a large scale.”
Disney argued that the First Amendment guarantees the right to choose employees who properly convey its values, even when those choices would otherwise violate state anti-discrimination laws. It cited the Supreme Court, in Boy Scouts of America v. Dale, The Court found that the organization's decision to fire an openly gay scout assistant was protected by the Constitution. That constitutional right, the Court concluded, protects scouts from violations of New Jersey's anti-discrimination laws.
“First, unlike the Boy Scouts or the Jaycees, Defendants are not nonprofit organizations that are members-only. Instead, Defendants are for-profit corporations that, as relevant to this lawsuit, employ actors such as Plaintiff, as well as administrative staff, to create television shows and movies,” Judge Garnett wrote Wednesday, adding that Disney had “identified no evidence — in the complaint or elsewhere — to support an allegation that it employs public-facing actors to promote ‘values of respect,’ ‘decency,’ ‘integrity,’ or ‘inclusion.’ Accordingly, Defendants’ reliance on the allegedly detrimental effects of Plaintiff’s ‘mere presence’ as one of Defendants’ employees is constitutionally ineffective.”
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