Cigar Aficionado's June edition features extensive lifestyle and
tourism information about Cuba, a destination that is off-limits to most
Americans because of a decades-old embargo against spending U.S. dollars
there. It also advocates a reexamination of Washington's sanctions
policy.
Airport spokesman Hernando Vergara said county bureaucrats objected to
the tone of the 282-page magazine because it was ``very flattering to the
Cuban government,'' not because of the discussion of the embargo.
Thursday, the county authority that runs the airport instructed Sirgany
Century Inc., which operates all 18 airport newsstands, to withhold sales
of the $4.95 edition whose cover features photos of President Clinton and
Fidel Castro and the headline, Cuba: Is it time to end the embargo?
John de Leon, president of the Miami Chapter of the American Civil
Liberties Union, learned of the Dade action on Saturday afternoon and
pledged to ``line up some lawyers'' and challenge the ban.
``It's clearly actionable behavior by the county,'' said de Leon, a
Cuban-American attorney who was born in South Florida. ``The ACLU would be
prepared to take action on this . . . This is a blatant attempt
at suppression of what is perceived by some as an unpopular viewpoint in
this community. And that suppression of speech by government officials or
government bureaucrats is in clear violation of the First Amendment.''
He called the ban ``simply outrageous . . . I'm just
disgusted to see that it's still going on. The county is doing exactly
what we're supposed to be fighting against -- lack of basic freedoms in
Cuba.''
Another ACLU member, Lida Rodriguez, said other South Florida attorneys
had also discussed how to challenge the county.
Penelas made his remarks before the ACLU threat, in reply to a request
from The Herald for on opinion on the ban. He said he spent part of
Saturday trying to reach officials involved in it, but was
unsuccessful.
So he said he would clarify the reasoning behind the ban on Monday.
The mayor added that he had not read the magazine, which typically
features a celebrity chomping on a stogie.
``As a general rule, you should not be censoring based on contents,''
he said. ``Next week I'll try to find out what prompted the decision
. . . Yes, I will look at the decision.''
Dade County attorney Robert Ginsburg declined to answer a question
Saturday on whether such a ban would be legal. He said he would express an
opinion only if he were asked to officially.
Assistant county attorney Roy S. Wood Jr., meantime, told The Herald
that he was consulted by telephone on Thursday or Friday about the ban by
Myra Bustamonte, assistant director of the Aviation Department.
``My position is at the time I was requested for advice over the
telephone, I could not conceive of any legal objection to it -- and still
cannot,'' said Wood, who is assigned to work on airport matters.
Bustamonte could not be reached for comment Saturday. But airport
spokeswoman Lauren Stover said that the ban was decided at a meeting of
``a few people,'' from the airport's properties and business divisions.
It was ``too sensitive of an issue for one person to decide
autonomously to pull the magazine,'' she said.
Stover said Aviation Director Gary J. Dellapa supported the ban.
Dellapa could not be reached either Friday evening or Saturday to discuss
it. Penelas said he was unable to reach Dellapa on Saturday as well.
Neither Penelas nor County Manager Merrett Stierheim was consulted in
advance about the ban. Both men said they first learned about it in
Saturday's Herald.
``I know it's a very sensitive issue in this community. I can't comment
to the legality,'' said Stierheim, referring questions to Ginsburg. ``I've
never seen the magazine, and I really was not involved in this at
all.''
Saturday, he said, he had not heard ``a word'' of protest the ban.
Eighteen readers, however, protested to The Herald in e-mail
Saturday.
One characteristic complaint came from Miami's Jose Sanfiel, 33, who
came here from Cuba at age 5 months: ``After 40 years of living in a
democracy, the Cubans at the airport authority still do not understand. My
parents left Cuba because someone did not want them to read, say and
worship whatever they wished. They are creating the same atmosphere.''
e-mail: crosenberg@herald.comCigar magazine ban prompts lawsuit threat