Most of us remember how horribly actress Gina Carano was treated by Disney a few years ago. But in the whirlwind of the modern news cycle, it can be easy to forget. Yesterday, however, Carano got some great news as Los Angeles District Judge Sherilyn Peace Garnett denied Disney's motion to have her wrongful termination and discrimination lawsuit against the company dismissed.
As you may recall, back in February, Carano brought her suit against Disney with the assistance of Elon Musk , who had publicly announced on Twitter the previous August that he would fund the legal costs of anyone who was wrongfully treated by their employer for thoughts they posted on Twitter. Disney had terminated Carano -- who at the time played the very popular character Cara Dune on The Mandalorian series -- in 2021 for posting on Twitter that her pronouns were 'Boop/Bop/Beep' (a clear Star Wars joke) and for decrying the dehumanization of people today by comparing it to how Germany treated Jewish people in the 1930s. How dare she, right? Disney sought to have the suit dismissed on -- get this -- First Amendment grounds (no, we're serious), but yesterday Judge Garnett took a lightsaber to that motion, as reported by Bounding Into Comics .
Judge Rejects Disney’s Motion To Dismiss Gina Carano’s Wrongful Termination Lawsuit, Says House Of Mouse “Failed To Set Forth An ‘Impenetrable Defense’ Under The First Amendment” https://t.co/sE73Vetccn Garnett issued a lengthy opinion in dismissing the motion, but here are the salient points: '[The] Defendants are not members-only, nonprofit organizations. Instead, Defendants are for-profit corporations who, as relevant to this lawsuit, employ actors such as Plaintiff, as well as administrative staff, to create television series and films.
' 'Defendants have not identified any evidence—in the Complaint or otherwise—to substantiate a claim that they employ public-facing actors for the purpose of promoting the ‘values of respect,’ ‘decency,’ ‘integrity,’ or ‘inclusion.’ Accordingly, Defendants’ invocation of the supposedly detrimental effects of Plaintiff’s ‘mere ‘presence” as one of Defendants’ employees lacks constitutional import.' 'As an initial matter, Defendants’ argument focuses narrowly on their termination of Plaintiff, without addressing her allegations concerning Defendants’ pre- or post-termination conduct, much of which lacks any obvious expressive or artistic import.
Defendants’ affirmative defense is, for this reason alone, far from 'impenetrable.' The Court thus denies Defendants’ Motion insofar as it argues that their right to control their speech bars Plaintiff’s claims.' Apparently, Disney's claim of expressive association was about as 'impenetrable' as the Death Star with an unprotected small thermal exhaust port.
After the ruling, Carano posted her emotional reaction on Twitter. “the court DENIES defendants motion.” I am moved to tears.
After a brutal 3 1/2 years, I am being given the opportunity to move forward in the court of law before the judge and my peers to clear my name. I am so grateful for this opportunity. What happened to me was.
.. pic.
twitter.com/q7r3MLhCEr Her tweet continues: Reactions to the news -- and to Carano herself -- on Twitter were overwhelmingly positive. Ahahahahahah hey, #Disney , how do you like getting beaten, not by one of your cardboard-cutout Mary Sues, but by an ACTUAL strong woman? Keep going, @ginacarano ! https://t.
co/IADdmKDolz There is still a long way to go, so Disney's not beaten yet, but this was a big win, made all the sweeter by the company's arrogant attempt to claim that it is not able to be sued because it is an 'artistic' organization. YAAAAAAAYYYYY!!! Go get 'em @ginacarano ! ❤️🤍💙 https://t.co/dk1T6v6ycP pic.
twitter.com/ribkAoeXGK Oh boy, this is gonna be fun. 🍿 https://t.
co/YmUICkpM0X pic.twitter.com/mMmWt4uz3o As Bounding Into Comics and many people on Twitter noted, one important outcome of the lawsuit moving forward is that it means Disney will have to provide discovery to Carano and her legal team.
I can't wait for discovery on this Discovery will be more interesting then the trial itself. Given that factor, it is quite possible that with this ruling, Disney might try to settle with Carano rather than proceed to trial. It's Carano's life, so she should do what's best for her.
But we hope she doesn't settle. Disney has a LOT of skeletons that could be brought to light. Go get ‘em, @ginacarano https://t.
co/Q9nAwPqxUy God bless you my friend. @ginacarano https://t.co/dr6zxuwNro While some of the same cast on the project where you worked were demonizing people and spreading division.
.. YOU cautioned against rhetoric that could lead to turning neighbor on neighbor.
And for THAT you got fired. I killed my D+ sub that day. She made a joke about ' preferred pronouns' (which deserve jokes) and she cautioned her followers against not learning the lessons of history.
They fired her for that. Yeah, Disney deserves all of the trouble Carano could cause them. We can't wait for @ginacarano to finally receive justice.
She will win in more ways than one in her fight against he corrupt #Disney company. https://t.co/JN1riL3QHP One of Carano's attorneys was also moved by her reaction to the ruling.
It’s an honor to represent Ms Carano in this important lawsuit challenging Disney-style wokeness! She’s a true American heroine. https://t.co/H93oXrHcMn Very glad to hear that Gina’s case is moving forward.
Disney needs to be held to account for the ridiculous, unfair way in which they treated her. https://t.co/W4naprdI1A Or, as another Twitter user put it .
.. Lets goooo!!! https://t.
co/gtKBFOdIJg pic.twitter.com/EUC59mYmV9 Damn right.
Let's not forget that while Disney fired Carano on the flimsiest of justifications, they did not fire Pedro Pascal, who tweeted something much worse, falsely accusing the United States of treating illegal immigrant children the same way Germany treated Jewish children during the Holocaust. To do this, he used a picture of kids in cages (that, hilariously, was not even taken at the U.S.
border). The best part about this Pedro Pascal tweet making the rounds is that the photo isn’t of children in cages at the border. It’s of Palestinian children waiting to be fed at a soup kitchen from 2010 lol.
pic.twitter.com/hLKXCCyCJ1 Seems like pretty arbitrary and discriminatory behavior by Disney to us.
Disney did not fire Carano for saying something 'offensive.' They fired her for her personal political beliefs. And now, thanks to Judge Sherilyn Peace Garnett, they are going to have to answer for it.
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