Land ownership ruling to be appealed

A coalition of US civil rights groups opposed to a Florida law that restricts land ownership by Chinese citizens says it will appeal against a federal judge's ruling on Thursday refusing to block the law.

The Justice Department has said the law "contravenes federal civil rights laws", and observers have questioned its legality.

The American Civil Liberties Union, part of a coalition that had filed for a temporary injunction on the law, said it would appeal against the judge's decision. The law discriminates against Asian immigrants and deploys "false claims of national security", it said.

In June the US Justice Department said the law violates the Constitution.

US District Judge Allen Winsor, who was nominated by then-president Donald Trump, issued a 51-page decision rejecting a request from four Chinese immigrants and a real estate firm to place a preliminary injunction on the law, in effect since July 1, while the case moved through the court, which the Governor of Florida, Ron DeSantis, and the Republican-controlled legislature approved in spring.

The lawsuit, which has been supported by the Department of Justice, contends that the law's land ownership restrictions violate constitutional equal-protection rights and the federal Fair Housing Act.

The case centers on part of the law that prevents people "domiciled" in China from buying property in Florida, with some exceptions. Such people would individually be allowed to buy one residential property of up to two acres (about 8,000 square meters) if the property is not within eight kilometers of a military base and they have non-tourist visas. Exemptions to the law are narrow, critics say, and the penalties are harsh.

Denying the injunction request, Winsor said those challenging the law had failed to demonstrate they could win the case, a key factor in determining whether to block a law before a trial. He also said the legal challenge had failed to show that the state legislature was intentionally discriminating against Chinese individuals when it passed the law.

'Disheartening decision'

"While today's decision is disheartening, our clients will continue to fight for their rights to equality and fairness on appeal," said Ashley Gorski, a lawyer at the American Civil Liberties Union. "Florida's law legitimizes and expands housing discrimination, in violation of both the Constitution and the Fair Housing Act."

DeSantis signed the law barring people "domiciled" in China, who do not hold US citizenship or permanent residency, from owning property in Florida. It also restricts citizens of Cuba, the Democratic People's Republic of Korea, Iran, Russia, Syria and Venezuela, deemed as countries of "concern", from buying property or agricultural land within 16 kilometers of a military installation or critical infrastructure.

In June the Department of Justice told the court the law's "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 initial challenge to the law had been brought by four Chinese citizens living in Florida and a real estate firm servicing clients from China.

"This law is hurting immigrants who are trying to build lives in Florida," the news website Politico quoted Jian Song, owner of Multi-Choice Realty, LLC and one of those suing, as saying.

"As a Chinese American who has called Orlando my home for over 20 years, I've been extremely worried since this law went into effect."

Similar bills targeting Chinese land ownership have been considered this year in several states, including Texas and Louisiana.

Agencies contributed to this story.

aiheping@chinadailyusa.com