Florida Gov. Ron DeSantis
MIAMI – Seven nonprofit groups have filed a brief urging a federal appeals court to uphold an emergency order blocking enforcement of a Florida executive order that allows state officials to administratively designate groups as “domestic terrorist organizations.”
The Council on American-Islamic Relations (CAIR) and its Florida affiliate filed the federal lawsuit July 2 in the Northern District of Florida, alleging that House Bills 1471 and 1473 will allow Florida’s Cabinet to effectively incapacitate CAIR-Florida in violation of the nonprofit’s First and 14th Amendment protections.
In a statement on July 1, Gov. Ron DeSantis said Florida officials had begun to officially designate terrorist groups under the provisions of the new law.
DeSantis signed Executive Order 25-244 in December designating CAIR and the Muslim Brotherhood as terrorist organizations. The order directed state agencies and municipalities to deny funding, contracts and employment to CAIR and anyone providing material support.
Enforcement of the order is currently blocked after a federal judge issued a preliminary injunction in March halting the measure, agreeing with the ACLU and SPLC that the mandate likely violates First and 14th Amendment rights. The governor's appeal of the injunction is pending in the Eleventh Circuit Court of Appeals, which is where the nonprofit civil society organizations filed their amicus brief.
Represented by the Asian American Legal Defense and Education Fund (AALDEF) and the Community Justice Project, the groups argue that the order extends far beyond CAIR and threatens the First Amendment rights of organizations throughout Florida.
“This illegal executive order is part of a broader strategy to silence dissent, and to weaken communities who rely on community organizations for support, guidance, and a sense of belonging,” said Miriam Haskell from the Community Justice Project. “This brief shows how widely the EO has affected not just CAIR, but organizations working across civil society.
“It also shows how, despite the state’s effort to shrink civil society, these organizations will not be intimidated and will continue their critical work.”
The brief includes testimony describing how the order already has disrupted operations for a broad swath of Florida nonprofits. Many of these organizations say they have had to divert resources to mitigate their own risk under the EO, forcing them to consider disengaging from coalitions and partnerships and reconsider and minimize communications strategies.
“The dangers of Governor De Santis’s order go beyond CAIR and the coalition of organizations willing to stand up against the order,” AALDEF attorney Charlie Jiang said. “If allowed to stand, such unchecked executive authority would further propagate the climate of fear throughout Florida’s nonprofit sector and further endanger civic organizations – regardless of mission or political viewpoint – at the whims of the sitting governor.”
The brief also says some organizations declined to join the filing altogether out of concern that association with the case could expose them to retaliation.
The seven nonprofits filing the amicus brief are the AALDEF, CJP, Florida Immigrant Coalition, Florida Interfaith Coalition, Florida Rising Together, Florida State Conference of the National Association for the Advancement of Colored People and Miami Freedom Project. Others listed on the brief who have an interest in the outcome of this appeal are Haskell, Jiang, SEIU Florida, Jane Shim, James. M. Slater and Slater Legal.
“In addition to CAIR and the Muslim Brotherhood, we are adding Antifa to the list – along with more than 90 Foreign Terrorist Organizations, including cartels,” DeSantis said July 1.
The mission of CAIR and its Florida affiliate is to broaden the public’s understanding of Islam, protect civil rights and empower American Muslims, according to the legal complaint. CAIR denies it engages in any terrorist activities, emphasizing that it organizes community events, publishes advocacy materials, speaks out on public policies and provides legal advice, according to the lawsuit. CAIR has been the subject of ongoing controversy and scrutiny over alleged historical and financial ties to Hamas.
