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Court Order in the Cuba Ordinance Case
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT
OF FLORIDA
Case No. 00-1281 CIV MORENO
MIAMI LIGHT PROJECT; DEBRA OHANIAN; GABLE STAGE; CUBAN CULTURAL GROUP a/k/a GRUPO CULTURAL "LA MA' TEODORA;" and HUGO CANCIO, individually and on behalf of all other similarly situated,
Plaintiffs,
vs.
MIAMI-DADE COUNTY,
Defendant.
PERMANENT INJUNCTION BARRING ENFORCEMENT
OF THE "CUBA AFFIDAVIT" REQUIREMENT
THIS CAUSE came before the Court at a status conference on July 11, 2000.
On May 16, 2000, this Court entered a Preliminary Injunction limiting Miami-Dade County's enforcement of the "Cuba Affidavit" requirement. See Miami Light v. Miami-Dade County, 97 F.Supp 2d. 1174 (S.D. Fla. 2000). In the interim, the United States Supreme Court decided the case of Crosby v. National Foreign Trade Council, ___ U.S. ___, 2000 WL 775550 (June 19, 2000), affirming the First Circuit decision in National Foreign Trade Council v. Natsios, 181 F.3d 38 (1st Cir. 1999). The parties agree that the Crosby decision is dispositive of the issue and that the"Cuba Affidavit" requirement clearly violates the Supremacy Clause of the United States Constitution. Accordingly, this Court does not find it necessary to examine the remaining constitutional claims. Therefore it is
ADJUDGED that for the reasons stated in this Court's May 16, 2000, Order Granting In Part Plaintiffs' Motion for Preliminary Injunction, in light of Crosby, and without reaching the other constitutional challenges presented by Plaintiffs, all portions of the "Cuba Affidavit" requirement are found to violate the Supremacy Clause of the United States Constitution and the "Cuba Affidavit" requirement is constitutionally invalid. Therefore it is
ADJUDGED that Miami-Dade County shall be permanently enjoined from enforcing County Resolution Nos. R-202-96 and R-206-96 and Administrative Order 3-12. Miami-Dade County shall not:
(1) require submission of the Cuba Affidavit as a condition of submitting a bid or application for a grant to the County, or as a condition of contracting with the County; or
(2) decline to sign contracts and grants which have been approved by the County Commission and not yet executed because no Cuba Affidavit has been provided; or
(3) undertake debarment actions for violation of Administrative Order 3-12; or
(4) proceed with any enforcement action or appeals under Administrative Order 3-12.
DONE AND ORDERED in Chambers at Miami, Florida, this ____ day of .
FEDERICO A. MORENO
UNITED STATES DISTRICT JUDGE
copies provided:
Bruce S. Rogow, Esq.
Beverly A. Pohl, Esq.
BRUCE S. ROGOW, P.A.
1930 Broward Financial Center
500 East Broward Boulevard
Fort Lauderdale, FL 33394
Robert A. Cuevas, Jr., Esq.
MIAMI-DADE COUNTY ATTORNEY
2810 Stephen P. Clark Center
111 Northwest First Street
Miami, FL 33128-1993
