NAPABA and APABA Tampa Bay Oppose Florida Alien Land Law in Court

WASHINGTON – The National Asian Pacific American Bar Association (NAPABA) and the Asian Pacific American Bar Association of Tampa Bay (APABA Tampa Bay) joined the Fred T. Korematsu Center for Law and Equality, the Hispanic National Bar Association, the South Asian Bar Association of North America, and other partners to oppose the Florida Conveyances to Foreign Entities Law (“SB 264”), a new statute that would prohibit individuals from purchasing real property in Florida based on national origin. The coalition filed an amicus brief, which can be found here, with the United States District Court for the Northern District of Florida in support of the plaintiffs’ motion for a preliminary injunction in Yifan Shen v. Wilton Simpson. The motion seeks a preliminary injunction barring the enforcement of SB 264.

The amicus brief continues the advocacy efforts of NAPABA and our Florida affiliates in opposing SB 264 during the legislative process. In yesterday’s brief, the coalition argued that laws such as SB 264 are “stains on American history” and that alien land laws have “historically and consistently been struck down as invidiously discriminatory.” They promote discrimination against the Asian American, Native Hawaiian, and Pacific Islander community and endanger these populations under the guise of national security concerns.

The opposition to SB 264 coincides with the leadership of NAPABA and its affiliates in combatting similar efforts across the nation. Beyond Florida, NAPABA has opposed similar legislation introduced in Texas, Louisiana, and Alabama that targeted the AANHPI community. During NAPABA Lobby Day last month, our members demanded that Congress act in response to state actions restricting our communities’ ability to pursue a livelihood. Days later, Rep. Judy Chu of California, who chairs the Congressional Asian Pacific American Caucus, and Rep. Al Green of Texas introduced the Preemption of Real Property Discrimination Act in the United States House of Representatives. The bill, which NAPABA endorsed the same day, would nullify any state law that prohibits or otherwise restricts an individual’s right to purchase real property based only on that individual’s citizenship.

NAPABA President Sandra Leung denounced state efforts to enact such discriminatory policies, which “eerily recall ancient alien land laws, which were enacted over a hundred years ago, that barred Asian immigrants from owning land. Such laws belong in the dustbin of history, and they have no place in our nation today. While policymakers are free to address the legitimate national security concerns of the United States, they may not enact discriminatory laws on the backs of the Asian American, Native Hawaiian, and Pacific Islander community.”

“Unless enjoined, SB 264 will be applied in discriminatory ways and inflict lasting damage on Asian Pacific American communities in Florida and beyond,” said SeungEun April Lee, President of APABA Tampa Bay.

NAPABA extends its thanks and appreciation to Professor Robert S. Chang of the Fred T. Korematsu Center for Law and Equality, the entire legal team at Foley Hoag LLP, and the NAPABA Amicus Committee, chaired by Radha Pathak and Albert Giang, for their work and leadership.

Contact: Rahat N. Babar, Deputy Executive Director for Policy

AABANY Board Director Margaret Ling Moderates ABA CBLA Opening Program on June 29

On June 29, Asian American Bar Association of New York (AABANY) Board Director and Real Estate Committee Co-Chair Margaret Ling moderated the American Bar Association’s (ABA) Collaborative Bar Leadership Academy (CBLA) Opening Program titled: “Effective Marketing, Advocacy and Public Relations Strategy.” The panelists for the event were Edgar Chen, Esq., National Policy Director for the National Asian Pacific American Bar Association (NAPABA); Elia Diaz-Yaeger, Esq., President of the Hispanic National Bar Association (HNBA); Tricia “CK” Hoffler, Esq., President of the National Bar Association (NBA); and Dinesh Kumar, Esq., Vice President of Public Relations for the South Asian Bar Association (SABA) of North America. The panelists discussed the role of minority bar associations in facing widespread social and political issues as well as the unique voice of advocacy that minority bar associations can utilize. The discussion also explored different ways of reaching membership through websites, newsletters, and other methods.

AABANY thanks Karl Riley, the Chair of the CBLA, for organizing the panel event as well as ABA for hosting the discussion at such a critical moment for the Asian-American community.

Coalition of Affinity Bars Stand in Unity for Diversity, Equity, and Inclusion in Continuing Legal Education

For Immediate Release: 
Date: July 7, 2021

Contact: Edgar Chen, Policy Director

WASHINGTON- 
The Coalition of Bar Associations of Color (CBAC) – the Hispanic National Bar Association (HNBA), the National Asian Pacific American Bar Association (NAPABA), the National Bar Association (NBA), and the National Native American Bar Association (NNABA) – together with the National LGBTQ+ Bar Association, and the South Asian Bar Association of North America (SABA-North America) stand united in their support of efforts to foster diversity, equity, and inclusion in continuing legal education (CLE) and in opposition to the Florida Supreme Court’s ruling and amendments to the Florida Bar Rules on diversity requirements for CLE programming. As national organizations dedicated to advancing equality and opportunity for underrepresented and historically marginalized members of the legal profession, diversity, equity, and inclusion are of paramount importance to our communities. Diversity on CLE panels benefits both panelists who are recognized for their expertise, as well as audience members who can be inspired by seeing those with similar backgrounds or experiences serving as role models and educators in the legal profession. Moreover, CLE participants may well benefit from hearing from panelists who bring unique and diverse perspectives that they may not have been exposed to previously.

“The objective of the ABA policy and the Florida CLE Diversity Policy is not to exclude anyone, but to ensure inclusion,” argued CK Hoffler, a Florida Bar member and President of the NBA in the NBA’s submission to the Supreme Court. “No one is displaced nor denied an opportunity to participate because of these new policies. African-African attorneys founded the NBA, due in large part because of exclusion. Today, there remains a need to ensure the inclusion of African American attorneys in the legal field and include African American attorneys in the discussion of legal issues.”

“As bar associations dedicated to the advancement of equality and opportunity for APA attorneys, NAPABA and its Florida affiliates believe it is imperative to feature a diverse range of views, experiences and backgrounds in CLE programs in order to address the critical gaps in mentors, connections and role models that are so important for career advancement,” wrote A.B. Cruz III, President of NAPABA in a joint filing before the Court submitted with Florida-based affiliates. “Panelists benefit from recognition as experts which burnishes their credentials, and audience members can be inspired by witnessing those with similar backgrounds or experiences serving as role models and educators in the profession.”

“Diversity is vital to ensuring equal justice under the law and to public confidence in our legal system,” said Elia Diaz-Yaeger, HNBA National President. “If we want to move in the right direction, we must work to ensure a greater diversity across our profession that is representative of the people and communities we represent. That kind of positive change does not happen on its own; it requires bold action and leadership. We urge the Court to clarify its order to permit inclusive diversity policies for CLE courses.”

“In Florida, with a Native American population of over 125,000 and two federally recognized tribes, American Indian, Alaska Native, and Native Hawaiian people are grossly underrepresented in the legal profession and strikingly so in the judiciary,” said Colleen Lamarre, President of the National Native American Bar Association. “The ABA policy and the Florida Bar Business Law Section’s CLE Diversity Policy are aimed at ensuring that CLE programing reflects the local population and advances the voices of historically marginalized groups. Representation and visibility through the continuing legal education process is critical to guaranteeing that the voices of indigenous people are heard and that the local and national attorney population, the pipeline of future attorneys, and our clients benefit and learn from interactions with Native American attorneys and their professional and cultural experiences.”

“Ensuring that diverse points of view are recognized and promoted throughout the legal profession is a primary goal of the National LGBTQ+ Bar Association,” said Lousene Hoppe, LGBTQ+ Bar Association President. “We support the efforts of the ABA and the Business Law Section of the Florida Bar to foster diversity, equity, and inclusion on CLE panels, and we oppose the Florida Supreme Court’s ruling and amendments to the Florida Bar Rules on diversity requirements for CLE programming.”

“SABA North America is committed to diversity, equity, and inclusion in the entire legal profession in North America,” said Samir Mehta, President of SABA North America. “We are committed to seeing this diversity reflected through lawyers of all backgrounds and identities. In Florida, there is only one Asian Pacific American on the federal bench in the entire state and such jurists represent less than one percent of state court judges there. This level of underrepresentation is unacceptable and we look forward to seeing more judges from all marginalized and historically underrepresented backgrounds added, including Asian American and South Asian American judges. In the arena of continuing legal education, we hope that the Florida Supreme Court will recognize that inclusion of different viewpoints will serve as an inspiration for the entire bar. We also hope this will prove that historically underrepresented or marginalized communities are not only welcome, but have much to contribute to our common goal of advancing justice.”

With the stated goals to eliminate bias, increase diversity, and implement efforts aimed at recruiting and retaining diverse attorneys, the Business Law Section (BLS) of the Florida Bar set forth a policy preference whereby the BLS would only sponsor, co-sponsor, or seek accreditation for any CLE program that had minimum numbers of diverse panelists, although the policy also had built in flexibility allowing for exemptions in the event that, after a diligent search, diverse panelists could not participate. In April, on its motion, the Florida Supreme Court struck down this policy characterizing it as “tainted by…discrimination,” and analogizing it to university admissions cases where the Supreme Court of the United States prohibited quotas based on race, even though the policy does not exclude or foreclose the participation of any panelist on a CLE program based on race, gender, sexual orientation, disability or any other characteristic. The Florida Supreme Court then re-wrote the Florida Bar rules to prohibit the approval of any CLE programs that use quotas based on race, ethnicity, gender, religion, national origin, disability or sexual orientation of course faculty or participants. The ruling means that licensed Floridian attorneys would be banned from receiving CLE credit for attending an ABA-sponsored CLE program, as the ABA has a similar diversity policy.

For more information please contact:
HNBA Contact: Daniel Herrera
NAPABA Contact: Edgar Chen 
NBA Contact: Wanda Flowers
NNABA Contact: Colleen Lamarre 
LGBTQ+ Bar Contact: D’Arcy Kemnitz 
SABA-NA Contact: Jasmine Singh 

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The Coalition of Bar Associations of Color (CBAC) was established in 1992 and is comprised of the Hispanic National Bar Association (HNBA), the National Asian Pacific American Bar Association (NAPABA), the National Bar Association (NBA), and the National Native American Bar Association (NNABA). The HNBA is an incorporated, nonprofit, nonpartisan, national membership organization that represents the interests of more than 67,000 Hispanic legal professionals and as well as the close to 13 percent of law students enrolled in ABA accredited law schools in the United States and its territories. We are committed to advocacy on issues of importance to the 61 million people of Hispanic heritage living in the U.S. From the days of its founding three decades ago, the HNBA has acted as a force for positive change within the legal profession. It does so by encouraging Hispanic students to choose a career in the law and by prompting their advancement within the profession once they graduate and start practicing. Through a combination of issue advocacy, programmatic activities, networking events and educational conferences, the HNBA has helped generations of lawyers succeed. For more information about HNBA, visit www.hnba.com.

The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 60,000 legal professionals and nearly 90 national, state, and local Asian Pacific American bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of color in the legal profession. For additional information about NAPABA, visit www.napaba.org.

Founded in 1925, the NBA is the nation’s oldest and largest national network of minority attorneys and judges. It represents approximately 66,000 lawyers, judges, law professors and law students and has over 80 affiliate chapters throughout the United States and around the world. The organization seeks to advance the science of jurisprudence, preserve the independence of the judiciary and to uphold the honor and integrity of the legal profession. For additional information about the National Bar Association, visit www.nationalbar.org.

Founded in 1973, the NNABA serves as the national association for American Indian, Alaska Native, and Native Hawaiian attorneys, judges, law professors and law students. NNABA strives for justice and effective legal representation for all American indigenous peoples; fosters the development of Native American lawyers and judges; and addresses social, cultural and legal issues affecting American Indians, Alaska Natives, and Native Hawaiians. For additional information about NNABA, visit www.nativeamericanbar.org.

The National LGBTQ+ Bar was founded over thirty years ago by a small group of family law practitioners at the height of the HIV/AIDS crisis. In 1987, the idea of creating a gay and lesbian bar association was formally introduced at the Lesbian & Gay March on Washington. The first Lavender Law® Conference took place the following year at the Golden Gate University in San Francisco. In 1989, at the American Bar Association’s Mid-Year meeting, bylaws were presented, and a nonprofit board of directors was formalized. At the second board meeting in 1989 in Boston, the LGBT Bar, then known as the National Lesbian and Gay Law Association (NLGLA), had 293 paid members, and initiated a campaign to ask the ABA to include protection based on sexual orientation to its revision of the Model Code of Judicial Conduct for Judges. In 1992, the LGBT Bar became an official affiliate of the American Bar Association and it now works closely with the ABA’s Section on Individual Rights and Responsibilities and its Committee on Sexual Orientation and Gender Identity. For more information about the LGBTQ+ Bar, visit www.lgbtbar.org.

SABA North America was founded in 2002 to strengthen the rapidly growing South Asian legal community with a recognized and trusted forum for professional growth and development, and promotes the civil rights and access to justice for the South Asian community. With 29 chapters throughout the United States and Canada, SABA attorneys work in all areas of the law, including at large law firms, as in-house counsel, government attorneys, and solo practitioners. SABA hosts an Annual Conference, annual Lobby Day, and numerous other successful programs throughout the year. For more information about SABA North America, visit www.sabanorthamerica.com.

National Bar Associations Denounce Rising Anti-Asian Hate Related to the Coronavirus

Seven national bar associations today released a joint statement denouncing the rising number of incidents involving anti-Asian discrimination and racist remarks related to the coronavirus and COVID-19.

Calling for unity in these challenging times are the National Asian Pacific American Bar Association (NAPABA), the American Bar Association (ABA), the Hispanic National Bar Association (HNBA), the National Association of Women Lawyers (NAWL), the National LGBT Bar (LGBT Bar), the National Native American Bar Association (NNABA), and the South Asian Bar Association of North America (SABA North America).

“Unfortunately, the emergence of the coronavirus has led to an increase in acts of hate and discrimination targeting the Asian American and Pacific Islander community. The legal community stands united against hate. The current situation calls for unity and support—not acts of division and words that sow fear,” said NAPABA President Bonnie Lee Wolf.

The FBI has warned about a surge in anti-Asian hate crimes related to the coronavirus. Numerous community organizations have documented that acts of discrimination and bias are increasing, including incidents involving stereotypes and xenophobic language.

President Wolf continued, “Thank you to our sister bars who issued their own messages of support for the Asian American and Pacific Islander community when they saw these acts of hate and discrimination on the rise. A special thank-you to ABA President Judy Perry Martinez, HNBA President Irene Oria, NAWL Executive Director Karen Richardson, LGBT Bar President Wesley Bizzell, NNABA President Robert Saunooke, and SABA North America President Aneesh Mehta for joining me in the video statement to launch this campaign. We encourage other bar associations, law firms, and organizations to join us in denouncing discrimination. We stand together. We stand against hate.”