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Overview of the Cuba Ordinance Case
"The government of the country of Cuba continues to maintain a policy of denying common freedom of speech, press, assembly, religion, and human rights to the majority of its citizens. Until this policy changes, Miami-Dade County shall not enter into a contract with any person or entity that does business with Cuba ... or that has traveled to Cuba ...." - A.O. NO: 3-12 Miami-Dade County
Known informally as the "Cuba Ordinance," Administrative Order 3-12 was approved by Miami-Dade County Commission on July 2, 1996 following the shoot-down of civilian planes by Cuban military jets. Swayed by the emotionally-charged climate that swept through the exile community after the deaths of the four unarmed pilots, former County Commissioner Bruce Kaplan sponsored the order with the intention of economically punishing Castro's regime by banning the county from buying products or services from companies that do business with Cuba.
The ordinance includes three resolutions: R-202-96, R-206-96 and R-1321-99. These resolutions ban county vendors from doing business with any organization that deals with Cuba, prohibit contractors from visiting the island and authorize Commissioners, rather than the County Manager, to grant waivers to the policy.
Many cities and states around the country passed laws, during the apartheid and Cold War eras, for example, to keep money out of the coffers of nations with objectionable governments and policies. But most bans mirrored federal regulations that exempted and encouraged cultural exchanges with communist regimes -- as was the case with the Bolshoi Ballet, which frequently traveled throughout Europe and North America. The county's resolution, however, prohibits making certain music, hanging certain paintings, showing certain movies and performing certain plays - restrictions that have led to the cancellation and move of numerous revenue-generating events.
The Latin Grammy awards ceremony, which was to be held in Miami in September 1999, was moved instead to Los Angeles after Miami-Dade Mayor Alex Penelas refused to make the county-owned American Airlines Arena available for the event. The local group bidding to hold the Pan Am Games in 2007 in Miami-Dade also pulled out last year, as did organizers of the once-annual MIDEM Latin American-Caribbean music conference in Miami Beach after realizing the county would not support the events because Cubans would participate. The July 1999 Junior Pan American Games track and field meet was also moved to Tampa after Miami-Dade refused offer financial support for the event, which was to be held at Florida International University.
In February 2000, County Commissioners tightened the existing anti-Castro legislation by requiring that officers of organizations (including educational institutions and cultural groups) and private companies applying for county funds or submitting proposals to do business with the county, sign an affidavit swearing adherence, under penalty of perjury, to the provisions of the ordinance.
Companies that contract with air carriers are exempt from signing the affidavit. However, cultural organizations applying for county grants, or private promoters seeking permits to use county facilities, must abide by the stringent requirements outlined in the affidavit. By signing the affidavit, vendors and organizations agree not to "do business" with Cuba or do business with anyone who "does business" in Cuba. They also swear to have never worked with anyone of Cuban origin, or anyone who has ever visited Cuba in the past ten years.
These limitations are particularly troubling to Elizabeth Boone, executive director for the Miami Light Project. The cultural organization, which presents live performances by innovative music, theater and dance artists, receives about 8.5 percent of its $600,000 annual budget from the county. Recently, the group was unable to book a dance collaboration between Puerto Rican and Cuban dance companies and a popular Cuban choral group because the county ordinance prohibits it from doing so. Faced with the likelihood of losing critical funding, Boone revised the Miami Light Project's annual performance schedule for the 2000-01 season so as not to include any Cuban acts.
Debra Ohanian, the South Beach music promoter who booked last fall's controversial concert in Miami by the influential Cuban band Los Van Van, also stands to violate the county ordinance should she proceed with plans to host an island music festival featuring Cuban nationals at the Miami Arena later this year. In order to use the county-owned facility, Ohanian would first have to swear not to "subcontract with" or "purchase supplies from" any person or entity that does business with Cuba.
Federal statutes provide for exemptions to the nation's trade embargo and permit members of the performing arts community like Ohanian and Boone to book Cuban national acts. But the county's resolutions do not, which is why Ohanian and Boone are plaintiffs in an ACLU-sponsored class action lawsuit challenging the county's demand that cultural groups sign an affidavit in order to use county facilities or receive county dollars.
In order to obtain monetary grants from Miami-Dade County Department of Cultural Affairs, the county requires that a notarized Cuba Affidavit accompany each grant application. Organizations that fail to submit an affidavit are ineligible for further grant consideration. The grant applications for international projects taking place between June and May 2000 must be submitted, along with a signed affidavit, by April 13.
