Judge Denies Disney's Motion to Dismiss Gina Carano's Lawsuit Over Wrongful Termination

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25/07/2024 21h50

In a significant development, a judge has dismissed Disney's attempt to have actress Gina Carano's lawsuit thrown out, thereby increasing the likelihood of the wrongful termination dispute proceeding to trial. Carano had filed a lawsuit against Disney and Lucasfilm earlier this year, alleging that she was unlawfully fired from her role on the popular "Star Wars" show, "The Mandalorian," in 2021 due to her conservative political views expressed on social media.

At the time of her termination, Disney publicly announced its decision by condemning Carano's "social media posts denigrating people based on their cultural and religious identities" as "abhorrent and unacceptable." In response, Carano argued in her lawsuit that Disney violated her rights.

Disney had filed a motion to dismiss the lawsuit in April, claiming that it had the constitutional right to disassociate itself from Carano's speech as a form of artistic expression. The company cited Carano's Instagram post, in which she drew a parallel between the treatment of contemporary conservatives and the persecution of Jewish people during the Nazi regime, as the tipping point for their decision to end their professional relationship with the actress. Carano had previously faced backlash for posts that mocked trans rights, criticized COVID-19 vaccines, and questioned the 2020 election results.

However, Judge Sherilyn Peace Garnett, in her ruling, disagreed with Disney's defense, asserting that the company had failed to provide evidence that it employs public-facing actors to promote values such as respect, decency, integrity, and inclusion. The judge's decision indicates that Carano's case will progress further.

In response to this legal victory, Carano took to Instagram to express her emotions, stating that she was "moved to tears" by the court's decision. She described what happened to her as "unacceptable, absurd, and abusive." Carano also highlighted that her lawsuit aims to prevent such incidents from occurring in the future, not just for herself, but for others as well.

Notably, Carano's legal expenses are being covered by Elon Musk's company X, formerly known as Twitter. Last year, Musk announced that he would fund the legal fees of individuals who believed they were fired due to their posts on his platform.

Overall, the judge's dismissal of Disney's motion to dismiss marks a significant step forward for Gina Carano's lawsuit, which raises important questions about the boundaries between freedom of speech and employment within the entertainment industry.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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