Florida law continues to prohibit Chinese nationals and others from owning property
A federal judge ruled on Thursday that a Florida law that severely restricts property ownership for citizens of seven nations won't be halted while it is being contested in court. A preliminary injunction that would have prevented the new law that Florida Governor Ron DeSantis signed into law earlier this summer was rejected by District Judge Allen Winsor.
SB 264, a law that prohibits anyone connected to the Chinese government, political parties, business organizations, and people “domiciled” in China who are not U.S. citizens or legal permanent residents from purchasing property in Florida, has been the subject of a lawsuit brought by a group of Chinese Floridians and a real estate brokerage company in federal court.
Additionally, it prohibits many residents of six other nations—Russia, Iran, Korea, Cuba, Venezuela, and Syria—from purchasing any property, including agricultural land, within 10 miles of military facilities or important infrastructure. A small exception to the legislation permits the acquisition of one home property, although it cannot be located less than five miles from a military post.
The ACLU intends to file a preliminary injunction appeal.
Ashley Gorski, a senior staff attorney at the American Civil Liberties Union National Security Project and one of the lead attorneys in the lawsuit, said that the decision “today's decision is disappointing, but our clients will continue to fight for their rights to equality and fairness on appeal,” adding that the law “legitimizes and expands housing discrimination.”
According to ACLU representatives speaking on Thursday, two of the plaintiffs have pending real estate transactions for later this year that are being impacted, and a real estate company that is also involved in the lawsuit is already losing business as a result of the new prohibition. Additionally, there are larger worries about how the bill can make discrimination against the Asian population worse.
DOJ in violation of Florida law
According to representatives of the ACLU, the preliminary injunction was denied by the court because it was argued that the claim did not have a high possibility of victory on the merits, which is necessary for a preliminary injunction. The Equal Protection Clause of the 14th Amendment and the Fair Housing Act are both violated by the law, according to the U.S. Department of Justice, which said this in a statement of interest submitted to the court in June.
The court document stated that the “illegal provisions” will seriously hurt individuals “simply because of their national origin, violate federal civil rights laws, impair constitutional rights, and not further the State's purported goal of increasing public safety.”
The Justice Department also stated that a preliminary injunction was appropriate and that the plaintiffs were “likely to succeed” in court.
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