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
— Bounding Into Comics (@BoundingComics) July 24, 2024
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.'
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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.”
— Gina Carano 🕯 (@ginacarano) July 25, 2024
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:
What happened to me was unacceptable, absurd and abusive, among other things. It should not have happened to me, and it should not happen to anyone else moving forward. Let it stop here.
I quite literally fought to get to where I got to in my career through intense ups and downs, and I’ll keep up that fight to continue doing what I love. I appreciate all of you who stood by me and defended me, and I am so sorry that similar situations have happened to some of you. I want you to know that I see you and I stand with you.
Thank you to @elonmusk, a man I have never even met, who so graciously gave me a fighting chance. Thank you for standing for justice for all of humanity. May God bless you and your family for years to come because He has chosen you for such a time as this.
Below is an interview I did with @benshapiro 3 1/2 years ago February 2021 at my lowest point. I was wounded and in so much pain, but I feel that pain lifting now. I pray for justice to shine through this case. It’s been one heck of a life. I am looking forward to getting back to the art of storytelling and doing my part to help the world heal.
Thank you all. I’m sure it will be quite a battle ahead, but God’s given me the ability to take some punches and give some back. My feet are on solid ground.
Imagine what your voice can do.
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?
— David ✠ (@DBaptistaSilva) July 24, 2024
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
— Paige Ashley 🌻 (@Cmdr_Sinclair) July 24, 2024
Oh boy, this is gonna be fun. 🍿 https://t.co/YmUICkpM0X pic.twitter.com/mMmWt4uz3o
— Michael Minett (@miketminett) July 25, 2024
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
— KaitosNightmare (@KaitosNightmare) July 25, 2024
Discovery will be more interesting then the trial itself.
— Nick B. (@ThisOldNick) July 25, 2024
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
— Rob Schneider (@RobSchneider) July 25, 2024
God bless you my friend. @ginacarano https://t.co/dr6zxuwNro
— Nick Searcy, INSURRECTIONAL FILM & TELEVISION STAR (@yesnicksearcy) July 25, 2024
While some of the same cast on the project where you worked were demonizing people and spreading division...
— SideTraKd (@SideTweetz) July 25, 2024
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
— Wildwitch 🧙♀️🌹🇨🇦🍎 (@wildwitchca) July 25, 2024
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
— Gene Schaerr (@GSchaerr) July 25, 2024
Very glad to hear that Gina’s case is moving forward.
— John William Sherrod (@jwsherrod) July 25, 2024
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
— Epic Mike (@The_Epic_Mike) July 25, 2024
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
— Greg Price (@greg_price11) February 11, 2021
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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