A lawyer for Chinese nationals in Florida told a federal court Tuesday, July 18, that a new rule banning them from buying property in significant parts of the state violates federal housing discrimination statutes, according to WFLA.
More than two hours of testimony was presented before a federal court on Tuesday. US District Judge Allen Winsor grilled state and plaintiff counsel on several aspects of the law as they argued for a preliminary injunction.
Fears About China Influence in Florida
Governor Ron DeSantis signed the bill (SB 264) in May, highlighting the need to limit China and the Chinese Communist Party's influence in Florida.
After this, four Chinese nationals and a real estate agency that caters to Chinese customers filed a lawsuit and asked the court to issue an injunction, CBS News reported. The US Department of Justice has sponsored a complaint that claims the limits are illegal because they violate constitutional rights and the Fair Housing Act.
Bethany Li, who serves as counsel for the plaintiffs, told reporters before the hearing, "There are always all of these stereotypes and really tired tropes that governments have used, perpetuating Asians as foreigners and enemies of the state."
During the hearing, State Solicitor General Henry Whitaker testified that the law's primary purpose is to safeguard the safety of the people of Florida. He also expressed state concerns about the Chinese Community Party's influence in Florida.
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Chinese Land Ownership Law
Part of the legislation is directed at Chinese nationals who are neither US citizens nor permanent US residents. It also impacts anyone from what Florida labels "foreign countries of concern," including Russia, Iran, North Korea, Cuba, Venezuela, and Syria.
In court, the focus is on such Chinese nationals. The legislation would make it impossible for them to buy property in Florida but with a few exceptions. For instance, if they hold non-tourist visas and the house they want to buy is more than five miles away from a military post, they may buy it.
The law would also prohibit citizens of the seven "foreign countries of concern" from purchasing farms or homes in close proximity to military installations. Non-citizens and non-permanent residents would be subject to the provisions of the legislation.
The Courtroom Argument
On Tuesday, Judge Winsor and the lawyers argued over a number of topics. According to CBS News, this includes whether the rule is "preempted" by federal law, whether it violates equal protection under the law, and if it is a violation of the Fair Housing Act.
The plaintiffs' American Civil Liberties Union counsel, Ashley Gorski, told Winsor that the state had used "pernicious stereotypes" to combine Chinese individuals with the Chinese government. She contended that the federal government had the authority to override the Florida legislation since it deals with the "intersection" of national security, foreign affairs, and foreign investment.
On the other hand, Whitaker said there was no evidence the Florida legislation would hinder federal oversight of real estate transactions.
