A federal judge has denied a request to block a new Florida law that bars Chinese nationals from acquiring land, saying the plaintiffs are “unlikely to show the law lacks any rational basis.”
U.S. District Judge Allen Winsor on Aug. 17 denied a preliminary injunction motion filed by four Chinese citizens and a real estate firm concerning the law, which Florida Gov. Ron DeSantis signed in May.
The judge said the law “classifies based on where an alien is domiciled” and that it doesn’t facially discriminate against noncitizens based on race, ancestry, or the particular country in which one was born.
“So contrary to plaintiffs’ arguments, the challenged law is facially neutral as to race and national origin. It would apply to a person of Chinese descent domiciled in China the same way it would apply to a person not of Chinese descent domiciled in China. And its application would never turn on a person’s race,” the judge said.
The ruling states that the plaintiffs had alternatively contended that the new law was driven by “intentional racial, national-origin, and alienage discrimination.” But they haven’t shown a substantial likelihood that unlawful animus motivated the law, according to the judge.
Judge Winsor said the plaintiffs’ arguments primarily relied on two factors—those regarding the law’s impact and legislators’ statements—but there’s no evidence to support them.
“The most relevant impact-related evidence that plaintiffs offer are legislative committee reports. At best, however, these reports evince awareness of the consequences for aliens domiciled in China,” he said.
“Discriminatory purpose requires more than that. And as to race and national origin, the reports do not even show any awareness of consequences for those of Chinese descent or those born in China.
“As for the statements from the Governor or Legislators, none evinces racial animus or any intent to discriminate based on race or where someone was born. Nor do they show any intent to discriminate against Chinese citizens because of' their Chinese citizenship.”
The American Civil Liberties Union (ACLU), which represented the plaintiffs, stated that their clients will continue to pursue their rights to equality and fairness on appeal.
“Florida’s law legitimizes and expands housing discrimination, in violation of both the Constitution and the Fair Housing Act,” said Ashley Gorski, senior staff attorney at ACLU’s National Security Project.
Florida Law
The state law imposes new restrictions on individuals and organizations originating from “foreign countries of concern,” which includes China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria.It prohibits “foreign principals,” defined as individuals with a “domicile” in the People’s Republic of China who are neither U.S. citizens nor lawful permanent residents, from owning or acquiring agricultural land or real property within 10 miles of any “military installation” or “critical infrastructure facility” in Florida.
Under the law, Chinese citizens and those selling property to them face the harshest restrictions and penalties, with the second set prohibiting individuals who aren’t U.S. citizens or permanent residents and are “domiciled in the People’s Republic of China” from owning or purchasing any property in the state of Florida.
“These unlawful provisions will cause serious harm to people simply because of their national origin, contravene federal civil rights laws, undermine constitutional rights, and will not advance the State’s purported goal of increasing public safety,” the DOJ stated in June.
