Home » About » Newsletters » June 2000
ACLU Fights Artistic
and Cultural Censorship
By Jessica Connor, Editor and Public Education Coordinator
June 2000
In a stunning move, U.S. District Judge Federico Moreno issued two orders on May 16th that temporarily prevent MiamiDade County from using the County's controversial Cuba Ordinance to censor local arts groups.
The orders were issued in a class action lawsuit brought by the ACLU on behalf of nonprofit and forprofit arts and cultural groups seeking County grants or the use of County facilities for educational, artistic or other cultural events that might involve Cuban nationals.
The lawsuit challenges the constitutionality of MiamiDade County's "Cuba Restrictions" and the "Cuba Affidavit," arguing that the Ordinance not only violates free speech and association, but that foreign affairs and the regulation of foreign commerce are powers reserved for the federal government. The Ordinance also conflicts with federal law in its treatment of arts organizations. (The Berman Amendment to the federal Cuban Trade Embargo created an exemption for artistic, scientific and cultural exchanges with Cuba.)
The case was filed by ACLU Cooperating Attorneys Bruce Rogow and Beverly Pohl, noted First Amendment lawyers, on behalf of the Miami Light Project, GableStage, the Cuban Cultural Group, and concert promoters Debra Ohanian and Hugo Cancio.
The County's Cuba Ordinance, adopted in 1996 in response to the shootdown of four unarmed pilots by jets of the Cuban military, has driven a number of cultural projects from MiamiDade County because of the possibility that Cuban nationals might participate in events taking place in County-owned facilities. While the County Commissioners intended to withhold funds from the Castro regime by banning the County from buying products or services from companies that do business with Cuba, it is estimated that millions of dollars have been lost to the County and County businesses by the snubbing or relocation of such events as the Reed MIDEM music festival, the Latin Grammy Awards and the PanAmerican Games.
As part of the County's Cuba Restrictions - and the catalyst for the filing of the lawsuit - all groups seeking cultural grants from MiamiDade County or seeking to use County facilities for cultural and artistic performances are required to sign a Cuba Affidavit, which forces them to swear that they have not engaged in business, financial dealings, or other transactions with a Cuban national, the government of Cuba, or persons or entities engaged in business with Cuba. Applicants must also swear that they have not traveled to Cuba within ten years in violation of the U.S. travel restrictions. Grant applications or requests to use County facilities will not be considered without the submission of a signed Affidavit.
As John de Leon, President of ACLU's Greater Miami Chapter, explains, "The effect of the County's Ordinance has been to impose censorship of cultural and artistic expression on the people of MiamiDade County. And that is what the ACLU is fighting."
In the Court's May 16 order, Judge Moreno ruled that arts organizations may submit applications for the County's International Cultural Exchange Grants without complying with most of the provisions of the Cuba Affidavit until the case has been ultimately decided. The Court's other ruling denied the County's motion to dismiss the ACLU's lawsuit, Miami Light Project et al. v. MiamiDade County.
Judge Moreno noted that "based on existing case law there is a substantial likelihood that the "Cuba Affidavit" requirement will be found unconstitutional under the foreign affairs provisions, foreign commerce clause and supremacy clause" of the U.S. Constitution.
The Cuba controversies in Miami have not only been confined to the County's restrictions on arts and culture. Numerous bomb threats and the fire bombing of a nightclub occurred when Cuban artists were scheduled to perform in South Florida. And last fall, Miami City officials tried to block a performance of the Cuban band Los Van Van. The concert took place despite the presence of an estimated 6,000 angry protesters outside the concert hall.
The U.S. Supreme Court will be ruling shortly on the constitutionality of a Massachusetts statute which prohibits the state from doing business with Burma and with companies or people doing business with Burma. The ruling will affect the outcome of the Miami lawsuit.
