Federal Ruling Offers New Hope For Travel To Cuba
The U.S. Department of Justice, in a 35 page report issued this week, dealt a serious blow to a controversial Florida state law regulating travel to Cuba. The law in question... the Sellers of Travel Act of 2008... was touted by proponents as a "homeland security" issue because it regulated travel agencies that sold trips to five so-called terrorist nations: Cuba, Iran, Iraq, North Korea, and Syria. It required any such travel agencies to post a $250,000 bond with the state and to pay up to $2,500 in annual registration fees. However, opponents to the Florida law decried the legislation as an unjust and politically-motivated "witch-hunt."
Department of Justice officials were forced to weigh in on the matter after more than a dozen Florida travel agencies filed a federal lawsuit against the state to prevent the controversial law from going into effect. After the lawsuit was filed in June of last year, U.S. District Court Judge Alan S. Gold ordered a temporary injunction in July to have time to solicit a legal opinion from Department of Justice attorneys.
In its report, the Department of Justice appears to take a position in favor of the Florida travel agencies. The report states, ''The Florida Amendments... interfere with the federal government's ability to speak for the United States with one voice in foreign affairs." The Department seems to be taking the position that the State of Florida itself does not have the right to punish people who legally sell trips to Cuba and the other prohibited countries.
This Miami-Dade criminal lawyer should remind the reader that it is Judge Gold who will make the final decision in this case. However, the Department of Justice's report is persuasive and will likely influence his decision. This is, of course, an issue of high importance here in the Miami and South Florida area because of the large and very influential Cuban population. Accordingly, we promise to follow this federal case closely and keep you updated as to any future developments.
