Federal Judge Upholds Florida Law Restricting Chinese Property Purchases
U.S. District Judge Allen Winsor ruled on Thursday against an injunction requested by the American Civil Liberties Union (ACLU). The ACLU, representing four Chinese citizens and a real estate firm, sought to block Florida’s SB264, legislation restricting foreign entities, particularly members of the Chinese Communist Party, from purchasing land in the Sunshine State.
“Contrary to plaintiffs’ arguments, the challenged law is facially neutral as to race and national origin,” Judge Winsor wrote in his ruling, deflating the claims of potential racial bias. He elaborated that the law doesn’t “facially discriminate against non-citizens based on race or ancestry” or the “particular country in which one was born.”
The essence of the Florida law is security. Aimed at preserving national security, the legislation restricts property purchases within 10 miles of military installations and other critical infrastructure. While it affects persons and entities from Cuba, Venezuela, Syria, Iran, Russia, and North Korea, Chinese citizens and those transacting with them face the steepest penalties. Significantly, this prohibition extends to agricultural land, highlighting Florida’s proactive stance against foreign influence in essential sectors.
While critics argue that the law is a blatant act of discrimination based on nationality, Florida argues the law is about addressing security risks certain nations pose.
In his ruling, Judge Winsor further emphasized that the legislation’s classification is rooted in “alienage, citizenship, and lawful-permanent resident status,” not on the protected characteristics stated in the Fair Housing Act (FHA). He underscored that the plaintiffs could not conclusively prove that the law violates the Fourteenth Amendment’s equal protection guarantee.
In response, Ashley Gorski, senior staff attorney at ACLU’s National Security Project, said, “While today’s decision is disheartening, our clients will continue to fight for their rights to equality and fairness on appeal.”
However, it’s essential to understand the broader context. With the rise in international tensions, especially around cybersecurity and intellectual property theft, states like Florida are making strides to prioritize national interests. The debate around SB264, championed by Florida Gov. Ron DeSantis (R), underscores the challenge of balancing national security with free market principles in today’s interconnected world.
While the ACLU plans to appeal the decision, citing concerns of housing discrimination, the state of Florida remains steadfast in its commitment to safeguard its territorial integrity and national interests. As the attorneys for Florida rightly pointed out, the state has the “broad constitutional authority to regulate the acquisition of its own land” and hasn’t acted based on race or national origin.
Here is a report on the new Florida law at the time it was enacted:
