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2000 Press Releases
Judge to Bar Miami-Dade County from Enforcing the Cuba Ordinance
July 11, 2000
MIAMI ? U.S. District Judge Federico Moreno announced today that he will issue a permanent injunction by the end of the week barring Miami-Dade County from enforcing its Cuba Ordinance and Cuba Resolutions, including the Cuba Affidavit. The County required all groups wishing to apply for County cultural grants or seeking to use County facilities for cultural venues to submit a sworn "Cuba Affidavit" pledging that they do not and have not done business with Cuba or those doing business with Cuba.
"The ACLU recognizes the intense feelings that led to the enactment of the Cuba Ordinance by the County Commission," said John de Leon, Greater Miami Chapter ACLU President. "Nevertheless, we are hopeful that this will lead to a new era in which the Miami-Dade County government will no longer dictate to people in this community who they may see perform in County venues, nor take action against non-profit organizations and arts promoters for sponsoring groups and individuals that the county government does not want them to present."
"Judge Moreno has initiated a new day in Miami for tolerance, diversity and freedom of the arts. We are pleased that he will remove Miami-Dade County from the business of foreign policy and end the persistent censorship of the arts in South Florida," added Howard Simon, ACLU of Florida Executive Director.
Background
The lawsuit, Miami Light Project v. Miami-Dade County, was filed by ACLU Cooperating Attorneys Bruce Rogow and Beverly Pohl on behalf of the Miami Light Project, GableStage, the Cuban Cultural Group, and concert promoters Debra Ohanian and Hugo Cancio ? both not-for-profit and for-profit entities offering educational, artistic, balletic, cinematic or other cultural events that might directly or indirectly involve Cuban nationals.
Judge Moreno issued a preliminary injunction in May temporarily allowing arts organizations to submit applications for the County's International Cultural Exchange Grants without complying with most of the provisions of the Cuba Affidavit. In June, the U.S. Supreme Court unanimously declared unconstitutional a Massachusetts law restricting purchases from companies that do business with Myanmar (formerly known as Burma). The state adopted the restriction in 1996, after Myanmar's military regime was accused of drug trafficking, torture and slave labor. The U.S. Supreme Court said that the federal government has exclusive authority to set foreign policy and regulate foreign commerce.
