> Miami-Dade law on Cuban artists target of lawsuit
>
> By DAVID C=C1ZARES (Ft. Lauderdale Sun-Sentinel)
> Web-posted: 10:53 p.m. Apr. 5, 2000
>
> MIAMI -- After four years of biting their tongues while Miami-Dade
> County politicians effectively banned artists from Cuba, the county's
> arts community has had enough.
>
> On Wednesday, leaders of several arts groups, both private and
> nonprofit, filed a federal lawsuit against the county, contending its law
> targeting Cubans from the island is unconstitutional.
>
> The lawsuit was filed by lawyers for the American Civil Liberties
> Union on behalf of the Miami Light Project, GableStage, the Cuban
> Cultural Group and concert promoters Debbie Ohanian and Hugo
> Cancio. It asks a judge to grant class-action status because the
> plaintiffs represent the interests of many more cultural groups in
> Miami-Dade.
>
> The lawsuit contends that a 1996 law, which prohibits the county
> from granting its money or buildings to any group that does business
> with Cuba, violates constitutional clauses giving the federal
> government the sole authority over foreign affairs. It also claims that
> the law infringes on First Amendment rights to free speech and 14th
> Amendment rights of equal protection.
>
> "This lawsuit has been a long time in coming," ACLU Executive
> Director Howard Simon said. "This community needs a greater
> tolerance for different points of view, and I think this lawsuit is going
> to help bring that about."
>
> The legal challenge is a groundbreaking one because, for years,
> the county's Cuban-American politicians have used their clout to ban
> Cuban performers -- even though recent amendments to the nation's
> 40-year-old trade embargo against Cuba allow cultural exchanges
> between the two countries.
>
> Because Miami-Dade's law prohibits the county from doing
> business with Cuba or anyone who does, cultural groups that receive
> county grants may not invite any artists from Cuba. To be eligible for
> county money, arts groups must sign an affidavit saying they are not
> in violation of the law.
>
> County commissioners deny that the law is a ban on Cuban
> performers. Instead, they say, the county is simply deciding what it
> won't spend taxpayer money on.