The former prosecutor will get another chance to show his political advocacy was protected by the First Amendment and could not be the basis for his removal.
The planned hearing is the first time oral arguments are being made in federal court over Disney’s claim that DeSantis used state powers to punish the entertainment giant.
The feud started last year after Disney publicly opposed the state’s so-called don’t say gay law, which restricts classroom lessons on sexual orientation and gender identity.
Florida had asked the court to allow the law to be enforced everywhere except at the Hamburger Mary’s restaurant in Orlando, which challenged the law’s constitutionality.
The American Civil Liberties Union and the Foundation for Individual Rights and Expression had denounced the original plan, citing concerns over free speech.
Disney says DeSantis unconstitutionally revamped and took over Walt Disney World’s governing district in retaliation after the company publicly opposed a state law.
The application asks that the prohibition against enforcing the anti-drag show law only be limited to the Orlando, Florida, restaurant which challenged its constitutionality.
A ruling prohibiting the enforcement of a new Florida law targeting drag shows will stay in place for the time being, according to a federal appeals court decision.