Gina Carano “Kneecaps” Disney’s Move To Have the Firing Lawsuit Dismissed as the Judge Sides With the Actress

Gina Carano is in recent times most notably known as Cara Dune, a pretty big character in the two first seasons of ‘The Mandalorian.’ The studio had seemingly big plans both for the actress and for her character, as she was at one point supposed to receive her own standalone show.

But, everything changed due to a series of controversial social media posts in which Carano compared anti-vaxers to Jews, and after she touched upon other sensitive topics that aren’t quite in tune with modern sensibilities and the image that Disney is trying to maintain.

In a span of a few hours, Carano lost her spinoff and her job as she was fired by the studio. She learned this via the press. Carano ultimately filed a lawsuit against the media company, a lawsuit that Elon Musk apparently backed.

Following the lawsuit, Disney filed a motion to dismiss it. In their April 9 dismissal motion against Gina Carano’s wrongful discharge and sex discrimination lawsuit, Disney stated that Carano was terminated from ‘The Mandalorian’ in 2021 due to her decision to publicly trivialize the Holocaust by comparing criticism of political conservatives to the genocide of millions of Jewish people. Disney cited this as the final straw leading to her dismissal.

Now according to Deadline, the most recent development in the lawsuit is here and according to the judge’s ruling, the lawsuit will be either heading toward trial or settlement. California-based Judge Sherilyn Peace Garnett ruled on Wednesday that Disney failed to provide evidence that they employ contractors for the purpose of maintaining a good public image:

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.

At this stage in the litigation, the Court cannot conclude, as Defendants urge it to, that Plaintiff’s continued employment by Defendants would inhibit or intrude upon Defendants’ rights to expressive association.

In the 23-page denial order, Judge Garnett emphasized that Disney, Lucasfilm, and Huckleberry Industries, as for-profit corporations, have the right to choose whom they associate with, unlike membership-based nonprofits like the Boy Scouts or the Jaycees. The defendants employ actors and staff to create television series and films, which is relevant to the lawsuit.

As an initial matter, unlike the Boy Scouts or the Jaycees, 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.

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