Shen v. Simpson
What's at Stake
In May 2023, a group of Chinese citizens who live, work, study, and raise families in Florida filed a lawsuit challenging Florida’s discriminatory property law, SB 264. Signed by Governor Ron DeSantis, the legislation unfairly restricts most Chinese citizens — and most citizens of Cuba, Venezuela, Syria, Iran, Russia, and North Korea — from purchasing homes and other real estate in Florida after July 1, 2023.
Summary
The American Civil Liberties Union, the ACLU of Florida, DeHeng Law Offices PC, and the Asian American Legal Defense and Education Fund (AALDEF), in coordination with the Chinese American Legal Defense Alliance (CALDA), are challenging Florida’s discriminatory property law, SB 264, on behalf of four individual plaintiffs and a Florida real estate brokerage firm that primarily serves clients of Chinese descent.
Signed by Governor Ron DeSantis on May 8, 2023, SB 264 unfairly restricts most Chinese citizens — and most citizens of Cuba, Venezuela, Syria, Iran, Russia, and North Korea — from purchasing homes in the state. The law bars people who are not U.S. citizens or permanent residents, and whose “domicile,” or permanent home, is in China, from purchasing property in Florida altogether. A similar but less restrictive rule would apply to citizens of Cuba, Venezuela, and other “countries of concern.” The sole exception is incredibly narrow: people with non-tourist visas or who have been granted asylum may purchase one residential property under two acres that is not within five miles of any military installation in the state. Notably, there are more than 20 military installations in Florida, many of them within five miles of city centers like Orlando, Miami, and Tallahassee.
Florida’s dangerous new law recalls similar efforts over the past century to weaponize false claims of “national security” against Asian immigrants and other marginalized communities. In the early 1900s, states across the country used similar justifications to pass “alien land laws” designed to prohibit Chinese and Japanese immigrants from becoming landowners. These racist policies not only hurt immigrants financially, but also exacerbated violence and discrimination against Asian communities living in the United States. Over time, these laws were struck down by the courts or were repealed by state legislatures because they violated the Constitution’s equal protection guarantees. Nonetheless, Asian Americans have continued to face violence and discriminatory policies ranging from the World War II incarceration of Japanese Americans in camps to ongoing post-9/11 surveillance.
We are representing an Orlando-based real estate firm and four Chinese citizens who live, work, study, and raise families in Florida, and who will be prohibited from purchasing real estate when the law goes into effect. Plaintiffs argue that SB 264 will codify and expand housing discrimination against people of Asian descent — in violation of the Constitution and the Fair Housing Act. It will also cast an undue burden of suspicion on anyone seeking to buy property whose name sounds remotely Asian, Russian, Iranian, Cuban, Venezuelan, or Syrian. The plaintiffs are seeking an order enjoining Florida from enforcing this discriminatory new law and a declaratory judgment that it is unconstitutional.
Legal Documents
-
02/01/2024
Order on Plaintiffs' Motion for an Injunction Pending Appeal -
01/17/2024
Order Granting Motion to Expedite Appeal for Merits Disposition Purposes -
12/01/2023
Notice to the Court Concerning Plaintiff-Appellant Yifan Shen -
11/27/2023
Notice to the Court Concerning Plaintiff-Appellant Zhiming Xu -
11/16/2023
Plaintiffs–Appellants’ Reply Brief -
11/02/2023
Plaintiffs–Appellants' Reply in Support of Motion for Inj. Pending Appeal -
11/01/2023
Defendants–Appellees' Answer Brief -
10/30/2023
Appellees–Defendants' Opposition to Appellants–Plaintiffs' Motion for Injunction Pending Appeal -
10/16/2023
Order -
10/10/2023
Motion for Leave to File Brief of Amici Curiae in Support of Plaintiffs–Appellants -
10/02/2023
Appendix to Plaintiffs–Appellants’ Principal Brief -
10/02/2023
Plaintiffs-Appellants' Principal Brief -
08/29/2023
Appellees–Defendants' Response to Appellants–Plaintiffs' Time-Sensitive Motion for Leave to Exceed Word Limit -
08/29/2023
Appellees–Defendants' Time-Sensitive Motion to Strike Appellants–Plaintiffs' Motion for Injunction Pending Appeal -
08/26/2023
Appellants–Plaintiffs' Time-Sensitive Motion for Injunction Pending Appeal and Motion for Expedited Appeal
Date Filed: 02/01/2024
Court: Appeals Court (11th Cir.)
Affiliate: Florida
Download DocumentDate Filed: 01/17/2024
Court: Appeals Court (11th Cir.)
Affiliate: Florida
Download DocumentDate Filed: 12/01/2023
Court: Appeals Court (11th Cir.)
Affiliate: Florida
Download DocumentDate Filed: 11/27/2023
Court: Appeals Court (11th Cir.)
Affiliate: Florida
Download DocumentDate Filed: 11/16/2023
Court: Appeals Court (11th Cir.)
Affiliate: Florida
Download DocumentDate Filed: 11/02/2023
Court: Appeals Court (11th Cir.)
Affiliate: Florida
Download DocumentDate Filed: 11/01/2023
Court: Appeals Court (11th Cir.)
Affiliate: Florida
Download DocumentDate Filed: 10/30/2023
Court: Appeals Court (11th Cir.)
Affiliate: Florida
Download DocumentDate Filed: 10/16/2023
Court: Appeals Court (11th Cir.)
Affiliate: Florida
Download DocumentDate Filed: 10/10/2023
Court: Appeals Court (11th Cir.)
Affiliate: Florida
Download DocumentDate Filed: 10/02/2023
Court: Appeals Court (11th Cir.)
Affiliate: Florida
Download DocumentDate Filed: 10/02/2023
Court: Appeals Court (11th Cir.)
Affiliate: Florida
Download DocumentDate Filed: 08/29/2023
Court: Appeals Court (11th Cir.)
Affiliate: Florida
Download DocumentDate Filed: 08/29/2023
Court: Appeals Court (11th Cir.)
Affiliate: Florida
Download DocumentDate Filed: 08/26/2023
Court: Appeals Court (11th Cir.)
Affiliate: Florida
Download Document-
08/23/2023
Order Denying Motion for Injunction Pending Appeal -
08/21/2023
Plaintiffs' Emergency Motion for Injunction Pending Appeal -
08/17/2023
Preliminary Injunction Decision -
07/11/2023
Supplemental Declaration of Jian Song -
07/11/2023
Plaintiffs' Reply in Support of their Motion for Preliminary Injunction -
07/07/2023
Amicus Curiae Brief by the State of Idaho -
07/03/2023
Defendants' Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction -
06/27/2023
Amicus Curiae Brief by United States -
06/14/2023
Amicus Brief of Racial Justice Centers, Affinity Bar and Professional Associations, and Civil Rights Advocacy Organizations in Support of Plaintiffs' Motion for Preliminary Injunction -
06/07/2023
Plaintiffs' Emergency Motion for Preliminary Injunction -
-
06/07/2023
Plaintiffs' Declarations and Exhibits
Shen v. SimpsonLegal DocumentsPlaintiffs' Declarations and ExhibitsDate Filed: 06/07/2023
Court: District Court (N.D. Fla.)
Affiliate: Florida
Download Document -
06/07/2023
-
06/05/2023
Amended Complaint -
05/22/2023
Complaint
Date Filed: 08/23/2023
Court: District Court (N.D. Fla.)
Affiliate: Florida
Download DocumentDate Filed: 08/21/2023
Court: District Court (N.D. Fla.)
Affiliate: Florida
Download DocumentDate Filed: 08/17/2023
Court: District Court (N.D. Fla.)
Affiliate: Florida
Download DocumentDate Filed: 07/11/2023
Court: District Court (N.D. Fla.)
Affiliate: Florida
Download DocumentDate Filed: 07/11/2023
Court: District Court (N.D. Fla.)
Affiliate: Florida
Download DocumentDate Filed: 07/07/2023
Court: District Court (N.D. Fla.)
Affiliate: Florida
Download DocumentDate Filed: 07/03/2023
Court: District Court (N.D. Fla.)
Affiliate: Florida
Download DocumentDate Filed: 06/27/2023
Court: District Court (N.D. Fla.)
Affiliate: Florida
Download DocumentDate Filed: 06/14/2023
Court: District Court (N.D. Fla.)
Affiliate: Florida
Download DocumentDate Filed: 06/07/2023
Court: District Court (N.D. Fla.)
Affiliate: Florida
Download DocumentDate Filed: 06/05/2023
Court: District Court (N.D. Fla.)
Affiliate: Florida
Download DocumentDate Filed: 05/22/2023
Court: District Court (N.D. Fla.)
Affiliate: Florida
Download DocumentPress Releases
Chinese Immigrants Urge Appeals Court to Block Florida’s Discriminatory Housing Law
Federal Court Appeal in Miami Over Florida’s Discriminatory Housing Law
ACLU Applauds Appeals Court Decision Halting Enforcement of Florida Law That Bans Many Immigrants from China and Other Countries From Buying Homes
Federal District Court Refuses to Halt Florida’s Discriminatory Housing Law