Mob Rule in Miami

by John M. Curtis
(310) 204-8700

Copyright April 2, 2000
All Rights Reserved.

humbing their nose at the federal government, the squeaky wheels in Miami’s Cuban community have decided that they won’t let go of their poster boy—6 year old Elian Gonzalez. Pushing politics over the edge, anti-Castro groups seized control, threatening to spill their blood for their new cause celebre. With aggression against Castro’s regime, even Miami’s youthful Cuban mayor drew his line in the sand refusing to permit Miami authorities to assist federal agents, should the INS fulfill its promise of pulling the plug on Elian’s residency status. "If blood is shed on the streets of this community as a result of what the Justice Department does, yes, I will hold them responsible," said Cuban-born Miami mayor Alex Panelas, referring to Janet Reno’s ultimatum setting the Tuesday, April 4, 2000 deadline for signing the controversial deportation agreement.

       "The Miami-Dade Police Department will not be part of snatching Elian Gonzalez from his family to go back to Castro’s Cuba," asserted Miami mayor Joe Carollo. Who’s snatching whom? Who’s the State Department supposed to believe: Elian’s surviving biological parent or distant relatives living in Miami? Surely parental custody rights supersede political ideology, no matter how we’re offended by repressive regimes. Castro’s done more harm than good, but what’s that got to do with returning a 6 year old to his next of kin? Of course Elian would have more opportunity here in the U.S., but that has nothing to do with returning the boy to his father. "Elian should be reunited with his father," said Janet Reno. It’s easier to make a kidnapping claim about Elian’s relatives, than charge his father or the Castro regime with abuse and neglect. Despite the family’s legal arguments, family courts should be used to assure child safety, not exploit interminable political dilemmas.

       Have the Miami authorities gone over the deep-end? Can local municipalities flaunt federal laws and statues? I don’t think so. When president John F. Kennedy ordered his brother Attorney General Robert F. Kennedy to deploy the national guard to assure access to Black students on the campus of the University of Alabama, did White separatists block the federal order? How can Miami mayors Panelas and Carollo instruct Miami authorities to disobey federal laws or court orders? With emotions already at the boiling point, that’s not the best way to defuse a potentially incendiary situation. Though local control and state's rights still count, they don’t supersede federal mandates. "I like the mayor very much, but I still believe in the rule of law here . . . Whatever the decision [by the appeals court judge] that is ultimately made, the rest of us ought to obey it," remarked president Clinton, supporting Attorney General Janet Reno’s intention to return Elian to his father.

       Throwing his boss and many Democrats for a loop, Vice President Al Gore picked an awkward time to assert his independence. Agreeing with Congressman Dan Burton (Rep.-Ind.), Gore’s move shows some pretty fancy footwork in this political minefield. Rolling the dice, Gore’s either pandering to the Cuban community or hedging his bet from the political fallout of denying 'freedom' to that poor little Cuban orphan. With Reno’s deportation order looming, it’s easy to lose sight of what’s best for little Elian. Surely most lawmakers wouldn’t allow distant relatives to get in the way of a parent’s right to be reunited with their child. Reversing gears now, Gore’s bound to be seen as playing politics. Breaking ranks with the White House seems a little like Hillary Rodham Clinton repudiating her husband’s decision to grant clemency to 13 Puerto Rican terrorists. Though she denied any political motives, Puerto Ricans are a force to be reckoned with in New York politics.

       Fanning old flames of hatred toward Fidel Castro can’t ignore what’s best for young Elian Gonzalez. While he’s a convenient poster boy for the anti-Castro cause, keeping him in the U.S. won’t undo Castro’s 41 year old revolution or, for that matter, return the lost fortunes of Cuban exiles living in South Florida. "We are not willing to harm anyone, but we are willing to die to defend the constitutional rights of Elian Gonzalez," proclaimed Ramon Saul Sanchez, the leader of an anti-Castro group known as the Cuban Information Committee. Who’s he kidding? Mob rule isn’t compatible with the U.S. Constitution. Elian has no inherent constitutional rights other than those accorded to him by his temporary residency status. What rights do local authorities have to instruct local law enforcement to not aid or abet federal agents? Ignoring court orders, disobeying federal immigration law, threatening disruptive civil unrest—even violence—doesn’t come close to abiding by the law.

       Making his own rules, Elian’s great-uncle Lazaro Gonzalez rejected the INS’s most recent attempt to negotiate in good faith. Mr. Gonzalez was simply asked to agree to surrender the boy, should the appeals court rule against the family. So far they’ve refused to cooperate. Cubans in South Florida are fighting the wrong battle with the wrong pawn. Elian Gonzalez has nothing to do with Castro’s 41 year old communist experiment. Why should his life be jeopardized because Cuban exiles are frustrated over their ineffectual attempts to displace Fidel Castrol after so many years? Comparing Elian Gonzalez and the Little Havana community to the next Waco hits way below the belt. We still don’t really know who set the conflagration in Waco. Judging by recent revelations about the 'suicide' cult in Uganda, there’s more reason to suspect cult members of setting the blaze.

       Staring down Janet Reno and the INS, the Cuban community hasn’t helped their cause. With tensions stretched to the breaking point, it’s time for anti-Castro groups to stop grandstanding with the tragic life of an innocent little boy. No reasonably minded person can possibly accept the argument that Elian’s future is more secure taking occasional trips to Disney World over living with his only remaining biological parent. Demonizing Elian’s father can’t ignore the fact that his son belongs with him. Whatever happened in Waco has nothing to do with what’s happening to Elian Gonzalez in Miami. With all the emotions sizzling in Miami, it’s time to cool down and let 'common sense' rule the day. Whatever you think of Fidel Castro or Janet Reno, America’s a nation of laws not mob rule.

About the Author

John M. Curtis is editor of OnlineColumnist.com and columnist for The Los Angeles Daily Journal. He’s director of a Los Angeles think tank specializing in human behavior, health care, political research and media consultation. He’s the author of Dodging The Bullet and Operation Charisma.


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