The ACLU sued Florida over a law backed by Governor Ron DeSantis that bans most Chinese citizens from purchasing homes in the state.
The lawsuit filed on Monday in federal court in Tallahassee argues that the law, scheduled to become effective on July 1, violates the equal protection and due process provisions of the Constitution.
ACLU Battles Suspicion of Chinese Buyers in Florida
The law prohibits individuals from owning land in Florida based on their race, ethnicity, color, alienage, and national origin.
The American Civil Liberties Union (ACLU) brought the suit on behalf of four Chinese citizens, alleging that the law unfairly stigmatizes them and their communities and creates a climate of suspicion around individuals of Chinese descent who wish to purchase property in Florida.
According to the ACLU, numerous state legislatures have introduced similar bills, many of which specifically target individuals from China. Florida’s law, the first of its kind to take effect, comes at a time of heightened tensions between the United States and China, including incidents like the shooting down of a spy balloon off the South Carolina coast.
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Legal Battle in Progress
The governor’s press office did not respond to a request for comment on the lawsuit.
Non-citizens of the United States who reside in China are not allowed to purchase real estate in Florida, according to the law. Similar restrictions will apply to individuals who permanently reside in Cuba, Venezuela, or other countries deemed to be of concern.
The lawsuit claims that exceptions will be made for individuals with non-tourist visas or those granted asylum, but they will face limitations on purchasing land larger than two acres or within a five-mile radius of military installations.
Those who are subject to the law but who bought their properties before July 1 must register with the state, and infractions may result in criminal charges.
The group filing the suit accuses Governor DeSantis of making sweeping statements about Chinese homebuyers without providing evidence to support his claims.
The ACLU claims that Florida has failed to prove a link between Chinese citizens generally owning real estate and any threat to national security.
According to the lawsuit, most alien land laws in the United States were repealed or invalidated during the 1950s. Before voters approved a ballot measure to abolish it in 2018, Florida’s constitution was the last to include such a provision.
In the US District Court for the Northern District of Florida, the case is known as Shen v. Simpson, 23-cv-00208 (Tallahassee).
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