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Judge Denies Fired Disney Employee's Request To Get Job Back

Friday, July 18, 2008 – updated: 3:11 pm EDT July 18, 2008

A security guard fired from Disney World won't be getting his job back, at least not yet. An attorney for the former worker went head to head against the theme park giant in court Friday.


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"You don't represent 63,000 Disney workers, do ya?" Judge Thomas Turner asked Jon Gutmacher, Sotomayor's attorney, Friday morning in court.

"Well, you can say Mr. Sotomayor acts in the position of a private attorney general," Gutmacher replied.

Judge Turner said the actual State Attorney General would have to front the argument that Disney's trespass order on Sotomayor goes against his constitutional right to bear arms. So, Sotomayor's attorney tried a more personal tack.

"He's effectively banished from 46 square miles in the state of Florida. He can't even go there as a paying customer. He can't go there to visit his friends. He can't take his family. He's stigmatized," Gutmacher said.

The former security guard was fired this month, days after bringing a gun to the Animal Kingdom parking lot. Disney explained, because it stores fireworks on site, it is exempt from a new Florida state law that allows workers to bring concealed weapons to work as long as they're kept in their vehicles.

Disney's legal team says the company has a right to protect its property and that Sotomayor can always go after a cash settlement.

"The remedies that he seeks can be addressed by the court's ruling at the end of the day that he's entitled to monetary damages," said Kevin Shaughnessy, Disney's attorney.

No such civil action has been filed, but Sotomayor is paying for his court costs so far and his attorney, who often works for the NRA, is representing him for free.

A hearing for a permanent injunction on Disney's trespass order against Sotomayor is set for October 16 and 17.

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