A US appeals court has blocked the state of Florida from enforcing a ban on Chinese citizens owning homes or land in the state against two Chinese nationals who were in the process of purchasing property when the law was adopted.
A panel of the 11th U.S. Circuit Court of Appeals, based in Atlanta, said Thursday that the individuals are likely to prevail on claims that Florida's ban violates a federal law governing property purchases by foreign nationals.
A federal judge in Florida in August refused to block the law, prompting the plaintiffs to appeal.
The Eleventh Circuit prevented the law from being implemented against the two plaintiffs pending the outcome of the case.
Lawmakers in several Republican-led states, including Texas, Louisiana and Alabama, are considering imposing similar restrictions on Chinese citizens who own property. China's Foreign Ministry said last year that such laws “violate the rules of the market economy and international trade rules.”
The office of Florida Attorney General Ashley Moody, a Republican, did not immediately respond to a request for comment.
Bethany Lee, legal director of the Asian American Legal Defense and Education Fund, one of the groups representing the plaintiffs, said Florida's ban violates the US Constitution by specifically targeting Chinese citizens.
“Today’s ruling should serve as a warning to other countries considering passing similar racist bills, steeped in a history when Asians were ineligible for citizenship and were told they did not belong,” Lee said in a statement.
The Chinese in Florida are suing the state over the property ownership ban
The Chinese in Florida are suing the state over the property ownership ban
Florida law prohibits individuals who are “residents” of China and are not U.S. citizens or green card holders from purchasing buildings or land in the state.
It also prohibits most citizens of Cuba, Venezuela, Syria, Iran, Russia and North Korea from owning property near military installations and infrastructure such as power plants and airports.
The law contains a narrow exception, allowing non-tourist visa holders from those countries to own one property at least 8 kilometers (five miles) from critical infrastructure.
Republican Governor Ron DeSantis said when he signed the law last May that it would help protect Americans from the influence of the Chinese Communist Party.