U.S. District Judge Allen Winsor in Tallahassee, Florida, said
that because the ban is based on citizenship and not race or
national origin, it likely does not violate the U.S.
Constitution or a law banning housing discrimination.
Winsor, an appointee of Republican then-President Donald Trump,
denied a bid by four Chinese nationals to block the law pending
the outcome of their lawsuit filed in May.
Ashley Gorski, a staff attorney at the American Civil Liberties
Union who represents the plaintiffs, said the group would
appeal.
The Florida attorney general's office did not immediately
respond to a request for comment.
Florida's law prohibits individuals who are "domiciled" in China
and are not U.S. citizens or green card holders from purchasing
buildings or land in the state.
It also bars 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 has a narrow exception, allowing holders of non-tourist
visas from these countries to own a single property that is at
least five miles (8 km) from critical infrastructure.
Republican Governor Ron DeSantis, who is running for U.S.
president, said when he signed the law in May that it would help
protect Americans from the influence of the Chinese Communist
Party.
The ACLU claims the law violates the U.S. Constitution's
guarantees of equal protection and due process and the federal
Fair Housing Act (FHA), which prohibits housing discrimination
based on race and national origin.
The Biden administration filed a brief last month agreeing that
the Florida law violates the FHA.
But Winsor on Thursday said because the law applies to anyone
"domiciled" in China, it could apply to individuals who are not
originally from China and therefore does not discriminate based
on any protected traits.
(Reporting by Daniel Wiessner in Albany, New York, Editing by
Alexia Garamfalvi)
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