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(CN) — The California Supreme Court on Wednesday declined to get involved, at least at this stage, in a lawsuit brought by the wife of Village People frontman Victor Willis against Walt Disney Co. over a purported secret ban against the latest reincarnation of the 1970s disco act performing at Disney’s theme parks.
The state’s top court denied, without further explanation, Karen Willis’ petition to review last year’s decision by an appellate court that gave the media company another shot at trying to defeat her claims pursuant to California’s anti-SLAPP statute.
The court’s decision not to tinker with the findings of the three-judge appellate panel means Disney can now return before a trial judge in San Diego — who previously had denied the company’s request to throw out the lawsuit insofar as it seeks to stifle constitutionally protected decisions which acts to book at its parks — and argue that the case should be dismissed.
Attorneys representing Karen Willis didn’t immediately respond to a request for comment.
California’s anti-SLAPP law — an acronym for strategic lawsuit against public participation — offers a relatively quick way for a defendant to defeat a lawsuit that they believe is meant to stifle their First Amendment rights. Once a defendant has convinced the judge that the claims impact their constitutional rights, the plaintiff is required to show the claims have enough merit to overcome this obstacle.
Karen Willis accuses Disney of imposing a secret ban on booking the Village People after two performances at Walt Disney World in Florida in May 2018.
Victor Willis had been the lead singer of the group during their heyday in the 1970s, when he performed dressed up as a policeman or Navy officer. Before 2017, a version of the Village People that included some of the original members but not Victor Willis had been performing at Disney’s theme parks.
However, Victor Willis regained the Village People trademark per a 2017 settlement and formed a new reincarnation of the group that excluded the members who had performed under the Village People moniker previously. Victor Willis’ latest version of the act performed two shows at Walt Disney World in 2018.
Karen Willis claims members of the previous version of the Village People, referred to as Sixuvus, were aggrieved by their effective expulsion from the act and urged their fans to boycott the performances and to complain about them to Disney.
Afterward, she sent a notice of intent to sue unless Disney invited the band back for a “do-over performance.”
She accused Disney of failing to prevent Sixuvus members and fans from harassing the Village People, failing to assign proper security to Victor Willis and the Village People and intentionally paying the band with a check made payable to Sixuvus, which temporarily delayed the Village People’s payment.
It wasn’t until 2023 that she filed a lawsuit in California Superior Court in San Diego County against Disney over violations of the state’s Unfair Competition Law and fraud related to statements to the band’s agents about the possibility of hiring the band for future concerts.
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