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September 2, 2010 |
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| October 01, 2008 |
By: John Pacenti |
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n a strongly worded order, a Miami federal judge Wednesday ruled the Florida Legislature overstepped its authority when it passed restrictions targeting travel and charter companies booking trips to Cuba.
The amendments to the Florida Travel Act placed restrictions on charter companies, requiring a $250,000 state bond while other travel agencies pay only $25,000. It also allows the bond money to be used to investigate sellers of travel-related services to Cuba.
State lawmakers supporting the amendments said they were made with consumer protection in mind, but opponents viewed it as a thinly veiled move by the state to toughen the federal Cuban trade embargo.
U.S. District Judge Alan S. Gold said the right to impose sanctions is solely within the powers of the federal — not state — government, adding the amendments constituted little more than a political attempt to impose economic sanctions on travel to Cuba.
“The amendments are structured to end or seriously hamper federally licensed travel from Florida to Cuba those legally entitled to travel to that country demonstrates that the ‘design and intent’ of the law is more than just a state consumer protection decision,” Gold wrote in the 53-page order denying a state motion to dismiss the lawsuit.
Gold granted a preliminary injunction keeping the law from being enforced, finding the plaintiffs — a dozen charter and travel companies — would likely prevail in the lawsuit filed in June. A previous temporary restraining order kept the law from taking effect July 1.
The judge noted the amendments law called for “extraordinary expensive registration and bonding requirements, exorbitant fines and a felony conviction.” Gold said most of the travel companies are family-run outfits and the additional requirements could put them out of business.
The travel companies argued the law is unconstitutional under a number of federal laws, including the Foreign Commerce Clause.
Plaintiff attorney Helena Maria Tetzeli, a partner with Kurzban Kurzban Weinger & Tetzeli, in Miami, said: “It is a very strong order because the judge found in our favor on numerous grounds. He found the law violated the Constitution on several legal grounds. We are obviously optimistic of the ultimate resolution of this case.”
The state argued the case should be dismissed because Florida should be the real defendant and citizens are prohibited from suing the state without its permission. Gold said citizens can sue when the state acts unconstitutionally, and Charles Bronson, secretary of agriculture and consumer affairs, was the correct defendant because he was appointed to enforce the state law.
Terry McElroy, a spokesman for the Department of Agriculture and Consumer Services, said attorneys were reviewing the order and would abide by it.
John Pacenti can be reached at (305) 347-6638. |
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