A judge from Miami-Dade County has halted the sale of the historic San Carlos Institute in Key West and ordered a review of the case, marking a significant victory in preserving Cuban heritage in the United States.
On December 24, Judge Mavel Ruiz issued a ruling that stopped the legal proceedings aimed at auctioning off this historic building, a symbol of the Cuban exile community's patriotic and cultural legacy since the 19th century, according to journalist Wilfredo Cancio Isla from Café Fuerte.
The decision is a win for the San Carlos Institute's board of directors, who sought to intervene in the civil lawsuit regarding ownership rights of the property, which is valued at approximately four million dollars.
American citizen Marilyn Wiederspan had demanded the building be seized and sold to satisfy a 63.6 million dollar judgment issued in 2012, claiming it belongs to the Republic of Cuba. However, Judge Ruiz determined that the San Carlos Institute has shown a "legitimate right to intervene" in the proceedings.
The ruling specifies that the Institute's representatives can intervene to nullify the enforcement of the seizure or to prevent any future judgment from affecting the property.
According to the property's deed, established on land purchased by exiled Cuban cigar makers during the colonial era, the San Carlos Institute holds equitable title and has been the rightful beneficiary since its inception. The Republic of Cuba is listed only as a trustee, not as an owner, the ruling clarifies.
"This ruling is the best Christmas gift a U.S. court could give to the Cuban people and their exiled community," declared attorney Rafael Peñalver, president of the San Carlos board of trustees. The building was entirely constructed with materials from the island.
Peñalver announced that the legal team will file new motions and affidavits to strengthen the defense of the property, which houses significant items, such as the flag that flew over Havana's Morro Castle on May 20, 1902, when the Republic of Cuba was founded.
The attorney also questioned the irregularities in Wiederspan's lawsuit, represented by lawyers William Sánchez and Milton Fuentes.
Wiederspan's claim is based on an exception to the Foreign Sovereign Immunities Act (FSIA), which permits lawsuits against states designated as sponsors of terrorism. However, the victim in the case, Lieutenant José Velázquez Fernández, was executed in 1959, before Cuba received this designation in 1982, making the claim's basis questionable.
The U.S. Department of Justice, with support from the State Department, has requested that the judgment be annulled and any seizure of Cuban assets in the United States be blocked, citing lack of jurisdiction in the original ruling.
Established on November 11, 1871, by Cuban exiles to promote the island's independence from Spanish rule, the San Carlos Institute is the oldest Cuban institution in the United States and a landmark in exile history.
Located on Duval Street in the heart of Key West, its headquarters were rebuilt in 1924 and have hosted historic gatherings, including visits from José Martí, Máximo Gómez, and Antonio Maceo. In its theater, Martí founded the Cuban Revolutionary Party in 1892.
In 1902, cigar makers celebrated the founding of the Republic there as well. The San Carlos Institute is a must-see for Cubans visiting Key West. This center also houses the famous bronze sculpture of Father Félix Varela, crafted by Cuban artist Gay García.
Key Questions about the San Carlos Institute's Legal Battle
Why was the sale of the San Carlos Institute halted?
Judge Mavel Ruiz halted the sale to review the case, recognizing the San Carlos Institute's right to intervene in the ownership dispute.
What was Marilyn Wiederspan's claim regarding the property?
Wiederspan claimed the property should be seized and sold to satisfy a 63.6 million dollar judgment, asserting it belongs to the Republic of Cuba.
What historical significance does the San Carlos Institute hold?
Founded in 1871, the San Carlos Institute is a pivotal Cuban institution in the U.S., hosting historic events and figures like José Martí and Máximo Gómez.