The Massachusetts ban was imposed because of alleged human rights violations in Myanmar. Justice David Souter, writing the Supreme Court's opinion, said the Massachusetts law "undermines the president's authority by leaving him with less economic and diplomatic leverage."

This decision opposed any weakening of U.S. presidential powers on this question. "It is not merely that the differences between the state and federal acts in scope and type of sanctions threaten to complicate discussions," the court wrote, "they compromise the very capacity of the president to speak for the nation with one voice in dealing with other governments."

This decision had an immediate impact here in Florida. The Miami-Dade County policy that prohibits the use of county funds or facilities to anyone having business dealings with Cuba was also struck down. Anyone applying for county money or venues to stage cultural, athletic, or academic events had to sign an affidavit pledging that they do no business with Cuba or Cubans on the island. "[The Massachusetts] ruling precludes Miami-Dade County from enforcing our Cuba policy," said county mayor Alex Penelas, stating that "while disappointed... we will follow the law."

The ruling class here instituted the ban in 1996 in the wake of Cuba's decision to defend its sovereignty by shooting down two planes organized by Brothers to the Rescue, a counterrevolutionary outfit that had repeatedly flown aircraft that violated Cuban airspace and ignored warnings to return to Florida.

The Miami-Dade County policy was already under legal challenge. In May, the American Civil Liberties Union (ACLU) filed a class action law suit challenging the policy's application to cultural events. The suit, filed on behalf of the Miami Light Project, GableStage, Grupo Cultural La Ma Teodora, the Cuban Cultural Group, and two concert promoters, challenged the policy on First Amendment grounds. Other organizations, like the Concert Association of Florida, the Florida Grand Opera, and the New World Symphony, discussed joining the lawsuit.

The policy had a chilling effect on cultural exchange. For example, the Miami Light Project could not bring to the city Grupo Vocal Desandan, a Haitian musical group that resides in Cuba, because of the policy. On May 17, Federal District Judge Federico Moreno, anticipating the Supreme Court's Massachusetts decision, issued a temporary order nullifying the county ban because "there is a substantial likelihood that the 'Cuba Affidavit' will be found unconstitutional."

Cuban-American ultrarightists reacted with anger and resignation. Javier Souto, a county commissioner and veteran of the U.S. government-sponsored Bay of Pigs invasion of Cuba in April 1961, said, "We are not going to stay quiet. We will need to be creative in finding ways not to make things easy for Mr. Castro."

Jose Basulto, founder of Brothers to the Rescue, stated, "Anyone who has a beef with us is striking now. They're ganging up against us because we're perceived as vulnerable."

The publishers of the Miami Herald, reflecting the prevailing viewpoint of local ruling circles, supported the ACLU's lawsuit. In a June 20 editorial headlined "Let Cuba Ordinance Die," the Herald wrote: "What the lawsuit can do is return greater Miami to the national fold, opposing Castro but in ways that are consistent with national policy and law. It may also spare South Florida the costly embarrassments of losing such events as the Latin Grammy Awards and the Junior Pan Am Track and Field Championship."  
 
Ban less and less effective
The county ban became less and less effective, particularly over the past year. Last October the Cuban band Los Van Van played in front of 3,000 at the Miami Arena, a city facility. In February the Miami Film Festival sold out its showings of the Cuban film Life is to Whistle, despite the county rescinding almost $50,000 in grant money. And in March, county officials backed down from canceling the opening night party at the Latin American Studies Association annual convention, which was held at a county venue. About a hundred Cuban academics attended the conference.

In May, the Cuba policy was waived for AT&T in order to award the company the lucrative pay phone contract at Miami International Airport. AT&T provides long-distance service to Cuba.

Bill Kalman is a member of United Transportation Union Local 1138 in Hialeah, Florida.  
 
 
Front page (for this issue) | Home | Text-version home