CAIR and CAIR-Florida Denied Opportunity to be Heard Before Florida Cabinet Vote to Approve Unconstitutional Terrorism Designation
TALLAHASSEE — At Tuesday’s Florida Cabinet meeting, Gov. Ron DeSantis and other state officials followed through on their campaign to designate two leading Muslim civil rights nonprofits as “domestic terrorist organizations.” The groups, the Council on American-Islamic Relations (CAIR) and its state chapter, CAIR-Florida, filed a lawsuit challenging the baseless designation in federal court in early July.
At a Cabinet meeting in which Gov. DeSantis and four Cabinet members voted on the designation, counsel with the ACLU stood up and asked Gov. DeSantis for an opportunity to speak on behalf of CAIR and CAIR Florida. According to a new emergency rule to implement the Florida law, the Governor and Cabinet have sole discretion to decide whether an organization to be designated can present arguments against designation. Notice and an opportunity to be heard are fundamental due process requirements. Gov. DeSantis did not acknowledge and spoke over the ACLU’s request, said he heard no objections from the Cabinet, and approved the designation. The entire vote consideration took thirty seconds. On behalf of CAIR and CAIR-Florida, the ACLU, ACLU of Florida, the Southern Poverty Law Center, and Bondurant Mixson & Elmore LLP plan to file an amended complaint and an emergency motion to stop the designations from becoming effective.
If the designation does go into effect, the groups will be forced to shut down their operations in the state under threat of severe criminal penalties against them as well as their employees, board members, volunteers, and other stakeholders in Florida.
“As I wanted to explain before the Cabinet voted to designate our clients, Gov. DeSantis’s use of Florida’s dangerous new “terrorism” designation regime against CAIR and its Florida chapter is baseless and unconstitutional,” said Hina Shamsi, director of ACLU’s National Security Project. “There are simply no legitimate grounds to brand our clients with a reviled label, impose crippling criminal penalties, and force them to shut their doors in Florida. As the country's leading Muslim civil rights group, CAIR is being targeted not because it poses a threat to public safety, but because doing so serves a political agenda at the expense of Floridians' rights. CAIR and all U.S. nonprofits have the right to criticize the government, protect religious freedom, and advocate for the causes they believe in. We look forward to vindicating our clients’ rights in court.”
If the courts do not intervene, the designation will become effective on November 5.