June 20, 2000, in the Miami Herald
Court ruling ends Dade's Cuba policy
Massachusetts case on Myanmar prevents county
from enforcing law
BY AMY DRISCOLL, JORDAN LEVIN AND FRANK DAVIES
adriscoll@herald.com
A Miami-Dade policy that prohibits the county from
doing business with anyone who has dealings with
Cuba came to an abrupt end Monday under a broad
ruling by the U.S. Supreme Court in a
Massachusetts case.
``Today's ruling precludes Miami-Dade County from
enforcing our Cuba policy,'' said Miami-Dade
Mayor Alex Penelas. ``While disappointed with
today's decision, we will, of course, follow the law.''
Assistant County Attorney Robert Cuevas said the
ruling means the county can no longer prohibit the
use of public facilities by Cuban artists or deny
contracts to companies with ties to Cuba. Nor can it
require them to swear in a ``Cuba affidavit'' that they have never had dealings
with the island nation.
The effect of the ruling on Miami-Dade is sweeping. Since the 1996 policy
went into effect, Miami-Dade has kept Cuban artists out of publicly subsidized
venues and denied funding for events that might include Cubans. It's a practice
that this year caused Miami-Dade to lose the prestigious Latin Grammy
Awards to Los Angeles and put Miami out of the running for the Pan Am
games in 2007.
Companies with subsidiaries doing business in Cuba also have been prohibited
from business dealings with the county, although exceptions were made for
such corporate giants as Carnival Cruise Lines and AT&T.
Monday's Supreme Court ruling involves a Massachusetts law that nearly
mirrors the Miami-Dade policy. The Massachusetts law required state
agencies to boycott companies that do business in Myanmar, also known as
Burma, which is ruled by a military dictatorship known for human rights
abuses.
The National Foreign Trade Council, representing many U.S. companies
involved in trade, sued the state and won, but the case was appealed to the
U.S. Supreme Court.
On Monday, the court ruled unanimously that the law was unconstitutional
because the state law conflicted with U.S. foreign policy. Congress had
already passed its own sanctions against Burma, preempting state law, the
justice said.
Justice David Souter wrote the opinion, finding that the Massachusetts law
``undermines the president's authority by leaving him with less economic and
diplomatic leverage.''
In other words, foreign policy should be left to the federal government.
A nearly identical conflict existed in Miami-Dade. The federal government has
already imposed an embargo against Cuba, yet the county passed its own,
tougher policy.
The county's Cuba policy was enacted in 1996 after the Cuban military shot
down two Brothers to the Rescue planes, killing four people.
It became a contentious issue as arts groups were turned away from public
facilities and lost funding.
Miami's arts community celebrated Monday's ruling as a victory for free
speech. Beth Boone, executive director of the nonprofit arts group, the Miami
Light Project, called the court's decision the dawn of a new era: ``It's a good
day and a new day for Miami-Dade County.''
In April, Boone's organization and four other local arts groups and producers,
including GableStage and the Cuban Cultural Group, sued the county in
federal court, challenging the policy as unconstitutional. Represented by the
American Civil Liberties Union, they won a temporary order that allowed them
to apply for county cultural grants without having to sign the affidavit.
At the time, U.S. District Judge Federico Moreno predicted ``there is a
substantial likelihood that the `Cuba affidavit' will be found unconstitutional''
primarily because of conflicts with U.S. foreign policy.
Monday's decision did just that, said attorney Bruce Rogow, a lawyer
representing the arts groups.
``This effectively puts Miami-Dade County out of the foreign policy business,''
he said.
He and co-counsel Beverly Pohl plan to file motion for summary judgment,
asking the judge to declare the arts groups the winners in their lawsuit.
``You have very parallel kinds of situations here,'' said Pohl. ``You could
remove the name Massachusetts and insert Miami-Dade County, and take out
Burma and replace it with Cuba, and it's pretty much the same.''
In Miami's cultural circles, the effects of the ruling began to be felt Monday.
Impressaria Judy Drucker, for example, had been concerned about the effect
the Cuba policy might have on her plans to bring American Ballet Theater to
Miami next year. One of the principal dancers is Cuban.
``It makes it easier because I'm planning things for next season with Cuban
dancers and now I can do it with peace of mind,'' Drucker said. ``I think the
Cuba affidavit was un-American and offensive. I'm thrilled, absolutely thrilled.''
Drucker said she had already turned down an offer to present the National
Ballet of Cuba in Miami next season because of the county policy. Now she
plans to reconsider.
``I was afraid, but now I might just say I'll do it,'' Drucker said.
Debra Ohanian, one of the plaintiffs in the Miami-Dade suit, has brought
Cuban bands to her South Beach club, Starfish, and also brought the group
Los Van Van to the Miami Arena last fall.
``I don't think it means that it's easier to bring Cuban bands here,'' she said
cautiously. ``It's just that legally they can't stop us. I think because of sentiment
in the community it will take a long time to work on these issues. But we won't
have all these legal issues, which is half the battle.''
Ohanian said she now hopes to resurrect plans for a festival of Cuban music at
the American Airlines Arena. She had shelved the idea because of the
requirement that promoters at the county-owned arena sign the Cuba affidavit.
Other institutions, like Florida International University, also have significant
financial stakes in a new, unrestricted Miami. The county rescinded almost
$50,000 in grants to the FIU Miami Film Festival after it showed a Cuban film
in February. The university is appealing.
And for Alberto Sarrain, director of theater ensemble Cuban Cultural Group,
the court's decision sent an important message to the Cuban community. ``It's
a way of educating our community that there are democratic and constitutional
values above our personal interests,'' said Sarrain, who spent three years in a
Cuban jail for trying to leave the island. ``And these are values that we
definitely have to learn.'' |
