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Disney says no guns in cars for employees

By The Orlando Sentinel
In print: Friday, July 4, 2008

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A state law that took effect Tuesday allows Floridians with concealed weapons permits to keep firearms locked in their cars at work. But Walt Disney World has declared much of its sprawling property exempt.

The company, which has 60,000 employees and a longstanding policy against allowing guns on its land, cites an arcane — and late-added — loophole in the new law.

Disney's position stunned backers of the new law, who said that they never intended to exempt Florida's largest single-site employer.

"You've got to be kidding me," said state Sen. Durell Peaden, a Panhandle Republican and one of the authors of the bill.

For three years, much of the big-business community in Florida — including Disney, the Florida Chamber of Commerce and the Florida Retail Federation — had vigorously opposed legislation intended to ensure that employees could store guns in their vehicles while at work.

A bill supported by the National Rifle Association was finally approved this spring by the state Legislature.

Except that Disney now contends it is mostly unaffected by the measure.

In a memo circulated last week, Disney World vice president of public affairs Shannon McAleavey advised other company executives that, with a few exceptions, "this law does not apply to Walt Disney World Co. owned and leased properties." Consequently, Disney "continues to maintain a zero tolerance policy" for guns. If an employee brings one onto Disney World property without authorization, it could be grounds for termination, the memo states.

The zero-tolerance policy applies only to employees. Guests with valid permits can keep guns in their cars.

The NRA reacted by issuing an alert to its members under the heading, "Disney Thumbing Nose at the New Florida Gun Law.'' It accused Disney of being a "prime offender when it comes to firing employees for exercising Second Amendment rights."

Busch Gardens Africa in Tampa and three parks owned by Anheuser-Busch Cos. at Sea World in Orlando are complying with the new law "because we support the Second Amendment and private rights," said Busch spokesman Gerard Hoeppner.

Busch employees and park guests can leave "legally owned guns" locked in their car or truck in company parking lots. Weapons are still prohibited inside the park, a restriction posted at the front gate.

Disney, though, cites language within Florida's newly enacted "Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008" that creates an exception for companies whose primary business is to manufacture, use, store or transport explosives regulated under federal law.

"I intended it to exempt places like defense plants, Air Force bases, things like that," said Peaden, who sponsored the bill in the Senate. "But not Disney. Not at all."

But on the same day that the House took its final vote on the gun bill, the exemption for explosives companies was revised to include "property owned or leased by an employer who has obtained a permit" under federal law for such explosives.

Disney has such a permit, for the extensive fireworks used in its theme parks.

State Rep. Stan Mayfield, a Vero Beach Republican also involved in crafting the final legislation, said lawmakers had agreed to insert that exception at the request of a small group of lawyers representing several businesses and business groups — including Disney.

But Mayfield said nobody intended for the language to spare so much of the Disney resort. "I don't think anybody that voted for that bill expected Disney to be exempt," he said.

McAleavey's memo concluded that it exempts "all theme parks, resorts, theme-park and resort parking lots, Cast Member parking lots, administrative offices across the Walt Disney World Resort, Downtown Disney, Disney's Wide World of Sports Complex, hotels on Hotel Plaza Boulevard, Celebration and the Disney Reservation Centers" in Orlando and Tampa.

The memo says the language does not exempt Disney Vacation Club's Vero Beach Resort, Disney Cruise Line's crew-member parking lots and a couple of other Disney properties in Florida.

McAleavey noted that the Florida Chamber of Commerce and the Florida Retail Federation are challenging the law in court and that Disney will continue to support that effort.

Universal Orlando is claiming a different exemption: The resort houses a work-study program, the Universal Education Center, that is staffed by Orange County Public Schools.

"We are required to follow school district policies," spokesman Tom Schroder said. "The Orange County public school system is exempt from this law. We have so informed our team members."

Florida retailers are on edge about the law even while it is being legally challenged by their statewide trade group.

The subject came up at a National Retail Federation convention of risk management directors last week in Orlando. What would a retailer's liability be in a lawsuit if violence erupts in their parking lot.

"Every retailer in Florida should consider posting 'no guns' signs in their parking lot," said James Turner, a San Diego threat assessment expert. "And you'd better revisit your policies for handling employees. If one gets angry and says he's going outside to cool off, how do you know he's not really going out to get a gun?"

Times staff writer Mark Albright contributed to this report.