Chinese Americans in Florida Sue State Over Discriminatory Property Law

Photo: (Photo : Joe Raedle/ Getty Images)

A group of Chinese Americans residing in Florida has filed a lawsuit against the state over a newly enacted property law that they claim is discriminatory.

The law, known as SB 264, is set to take effect on July 1 and could potentially restrict individuals from China and several other countries from purchasing homes and land in the state.

The plaintiffs argue that the law targets Chinese Americans and perpetuates racial biases, thus undermining their financial freedom.

Chinese Americans Fighting Against Florida's Discriminatory Property Law

According to Reuters, the Chinese American plaintiffs, represented by the American Civil Liberties Union (ACLU) of Florida, the Asian American Legal Defense and Education Fund, and a local law firm, contend that SB 264 violates their constitutional rights by imposing discriminatory restrictions on property ownership.

They argue that the law unfairly singles out Chinese citizens and casts suspicion on anyone with an Asian-sounding name attempting to purchase a house.

The ACLU emphasizes that the legislation equates Chinese individuals with the actions of their government without any evidence of national security threats resulting from real estate ownership by Chinese people in Florida.

The enactment of SB 264 threatens to erode their financial opportunities and further marginalize them.

As reported by Law & Crime, the lawsuit filed by Yongxin Liu, Zhiming Xu, Yifan Shen, Xinxi Wang, and Multi-Choice Realty, LLC, highlights that Chinese buyers comprise only 0.1 percent of all real estate purchases in Florida.

The plaintiffs argue that the impending property ownership ban, effective July 1, 2023, is virtually absolute.

The legal complaint emphasizes that the exceptions to the ban are incredibly limited, allowing individuals with non-tourist visas or those granted asylum to purchase one residential property under two acres, provided it is not within a five-mile radius of any military installation.

It is noteworthy that Florida houses numerous military installations, including those in prominent city centers like Key West, Tampa, Panama City, Jacksonville, Orlando, and Pensacola.

Furthermore, as noted by Fortune, the law prohibits non-U.S. citizens whose "domicile" is China from buying property in Florida, while a similar provision applies to individuals who are permanent residents of Venezuela, Cuba, or other designated "countries of concern."

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Governor DeSantis' Defense and National Security Justification

According to Politico, Governor Ron DeSantis, who recently signed the law and is expected to announce a presidential bid, defends SB 264 as a measure to protect Florida from the influence of China's Communist Party.

While the governor has not provided concrete evidence linking Chinese buyers to national security threats, he maintains that the legislation will counteract the alleged malign influence of the Chinese Communist Party within the state.

Critics argue that the law's sweeping nature unfairly targets innocent individuals based on their national origin and perpetuates stereotypes.

The lawsuit against the discriminatory property law highlights a broader pattern across multiple states where lawmakers have introduced similar bills targeting people from China.

Florida's law, being the first to take effect, signifies an escalating tension between the United States and China. It is crucial to note that this legal challenge aims to ensure the protection of constitutional rights and equal treatment under the law for Chinese Americans in Florida.

As the lawsuit unfolds, the Asian American community, civil rights organizations, and legal advocates closely monitor its progress.

The outcome of this case could have far-reaching implications, not only for Chinese Americans but for the larger immigrant community facing potential discrimination based on their national origin.

The plaintiffs seek to overturn the law and send a strong message that discrimination and racial bias have no place in Florida's legal framework.

The Florida Department of Agriculture and Consumer Services, represented by Agriculture Commissioner Wilton Simpson, has acknowledged the lawsuit and stated that they are reviewing the legal challenge.

Meanwhile, the plaintiffs and their legal representatives remain committed to challenging what they perceive as a discriminatory law that undermines the principles of equality and fairness.

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