Gimenez: Carnival Corp. Violating Human Rights Code With Cuban-Born Policy

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MIAMI (CBSMiami) – Miami-Dade County's mayor is speaking out over Carnival Corporation's decision not to allow people born in Cuba to travel to the island on one of the company's cruise ships.

"It discriminates against me. Every member of my family except my wife and I – my kids, my grandkids – can all get on that cruise ship, but my wife and I can't simply because we were born in Cuba," Mayor Carlos Gimenez said.

On Wednesday, Gimenez issued a memo to County Attorney Abigail Price-Williams inquiring as to if the company is violating human rights.

"I am writing to request an official opinion as to whether Carnival Corporation's subsidiary, Fathom, is in violation of the Code," Gimenez wrote. "Specifically, whether Fathom is discriminating based on 'national origin' because the subsidiary is following current Cuban law prohibiting Cuban-born passengers from re-entering Cuba via a maritime border. In fact, it is my understanding that a Cuban-born American citizen is prohibited from even purchasing a ticket to board the vessel."  

Last month, the Cuban government gave Carnival Corporation the okay to begin sailing to the island, using their new Fathom Travel line on the condition they did not accept Cuban-born people who are no longer citizens of the country.

The cruise line is following the request and defended their actions while also saying they would put pressure on Cuban leaders, asking them to reconsider.

They released a statement last week saying in part, "Cuba has a longstanding regulation that no Cuban-born individuals are allowed to travel to or from Cuba by ship. This regulation applies to all cruise lines, ferries and any form of shipping planning to travel to Cuba."

The statement goes on to say, "it is our hope and intention that we will be able to travel with everyone." 

Carnival said the controversial policy is set by Cuba, over the company's objection.

In the memo, Gimenez said he believed this policy was in violation of the human rights code of Miami-Dade County.

"Fathom has been authorized by the U.S. government to sail to Cuba from Port Miami. As Mayor of Miami-Dade County, I oversee PortMiami and lead the government that oversees the most-populous County in Florida with 2.7 million resident, hundreds of thousands of which are Cuban-born. As a Cuban-born, naturalized American citizen myself, it is clear to me that this policy violates the Code." 

Gimenez believes the county attorney will confirm Carnival's discrimination against Cuban-born Americans violates county law.

The mayor ends the inquiry by asking what the next steps would be if the county attorney agrees the company is in violation.

"If you agree that this is a violation of our Code, what are the penalties? Are Carnival Corporation and Fathom in breach of their contract with Miami-Dade County and Port Miami? If so, what are the remedies?" 

Gimenez said possible "remedies" could include casting off Carnival, the largest cruise line operating here, from PortMiami.

"They are a big partner, and there are a lot of jobs in Miami-Dade County, and my hope would be that they would cease and desist," Gimenez said.

Gimenez said he had a frank conversation with Carnival Cruise Chairman Mickey Arison on Wednesday.

"He's trying to do the best he can to change the minds of the Cuban government, and I think he's very sincere about it," Gimenez said of his conversation with Arison.

The mayor's inquiry comes just a day after a class action lawsuit was filed against Carnival Corporation.

The suit, filed on behalf of Amparo Sanchez and Francisco Marty, takes issue with Carnival and Fathom Travel complying with the Cuban government's law.

Marty, a plaintiff in the lawsuit released a statement on the matter Wednesday saying , "I was born in Cuba, and haven't been back in 58 years.  I'm a Carnival Platinum Club member, and unable to fly for health reasons.  I wanted to go back to see my native country and share its culture with a surprise trip with my children, but Carnival will not allow my Cuban-born daughter and me to go on its ship." 

"It's like as if the Castro brothers, from Cuba, are reaching with their discriminatory laws and are applying them now to the U.S. policies," said Robert W. Rodriguez, the attorney for the two Cuban-born men suing.

As the Carnival situation revved up, the U.S. Department of State released on Wednesday its latest human rights report which pointed out, among other things, the Cuban government still allows harsh prison conditions, short-term politically motivated arrests, denies fair trials, it does not respect freedom of speech or press, restrict religious freedom and internet access.

In a statement, Congresswoman Ileana Ros-Lehtinen asked, "How much longer will the Castros and their successors now have to oppress the Cuban people thanks to the Obama administration's legitimization efforts and infusions of cash?"

The congresswoman added that "despite concession after concession, human rights in Cuba are not improving and Obama has only cemented his legacy as a dupe of the Castro regime."

Secretary of State John Kerry also addressed the human rights reports, saying, in part, he "and President Obama have urged Cuban authorities to allow more political openness and online access."

He added, "There is no question in my mind that most Cubans are far more interested in plugging into the world economy than in recycling arguments left over from the Cold War. The only question is how long it will take for the officials in Havana to catch up with the population."

Kerry will be in South Florida Thursday to give a speech at Miami Dade College.

Carnival is the first cruise company with permission to sail from the U.S. to Cuba, with trips beginning on May 1st.

Click here to read more about U.S.- Cuba Relations.