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ACLU Sues State of Florida Officials Over New Travel Ban Law; Educational and Scientific Research Will Be Hampered
FOR IMMEDIATE RELEASE:
Tuesday, June 13, 2006
CONTACT:
Brandon Hensler, Communications Director, 786-363-2700
MIAMI – The American Civil Liberties Union (ACLU) of Florida today filed a lawsuit in the U.S. District Court for the Southern District of Florida, challenging the constitutionality of the recently signed law banning Florida’s public universities from using private, state or federal funds for travel to, or for activities related to travel to certain countries named by the United States Department of State.
"The primary effect of this legislation is to deny Americans information about other parts of the world,” said Howard Simon, Executive Director for the ACLU of Florida. “Crude censorship like this only serves to keep Americans uninformed about climate changes that may affect our economy, the understanding of diseases necessary to protect our health, and information about political and economic developments that may be vital for our national security."
The suit alleges that "The Travel Act," by exceeding and interfering with the federal laws relating to foreign relations, travel and commerce with the listed countries, violates the Supremacy Clause of the United States Constitution. The Florida law would prohibit professors, students and scientists from using funds administered by a state university from traveling and conducting research and study in: Cuba, Iran, Libya, North Korea, Sudan and Syria.
“Provisions of the U.S. Constitution provide that the federal government has the exclusive power over foreign affairs—power over foreign affairs is not shared by the states,” said Randall Marshall, Legal Director of the ACLU of Florida. “The law also meddles with foreign commerce by imposing restrictions on commerce with certain foreign nations that exceed the restrictions already imposed by federal law, and by discriminating against foreign commerce contrary to federal laws regulating that commerce.”
Alston & Bird, a major U.S. law firm with an extensive national and international practice and 700 attorneys in five major markets, is counsel for the case, Faculty Senate of Florida International University et al v. John Winn et al. The plaintiffs in the case include the Faculty Senate of Florida International University (FIU); Lisandro Pérez, Professor at FIU; José Alvarez, Professor Emeritus at the University of Florida; Carmen Diana Deere, Director and Professor for the University of Florida’s Center for Latin American Studies; Houman A. Sadri, Associate Professor at the University of Central Florida; Noel Smith, Curator of Latin American and Caribbean Art at the University of South Florida; Jean A. Martinez, Professor of Art History at FIU; Brett Jestrow, PhD student at FIU; and Vanessa Harper, Master’s student in interdisciplinary ecology at University of Florida.
“Closing off communications and avenues for learning simply impedes our ability to better understand these cultures and work toward spreading democracy and freedom to these already disadvantaged countries,” said Brandon Hensler, Communications Director for the ACLU of Florida. “Rep. Rivera is attempting to alter foreign policy with this illegitimate law that basically amounts to political grandstanding. There is great value in conducting research in countries all around the world, and it should not be impeded. ”
A copy of the Complaint can be found on the ACLU of Florida Web site.
