Boston Herald

Suit: Rule ‘devastatin­g’ Puerto Rico

Seeks relief from Jones Act

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A Bay State lawyer with deep ties to Puerto Rico is suing the Trump administra­tion, arguing that a federal law that enables shipping restrictio­ns is crippling the hurricane-ravaged island and is unconstitu­tional.

“This is not a political thing. It’s that Puerto Ricans are being treated as secondclas­s citizens, and I needed to do something,” said Carmenelis­a Perez-Kudzma, the attorney who brought the suit on behalf of herself, and her family and friends who were born in Puerto Rico.

The suit, which was filed this week in Boston’s federal court, argues that the Jones Act is unconstitu­tional as it applies to Puerto Rico. The law prohibits foreignfla­gged ships from ferrying goods between U.S. ports.

It has had a “devastatin­g” effect on the island as its residents try to rebuild on the heels of Hurricane Maria’s destructio­n, according to the suit.

“The Jones Act’s shipping restrictio­ns as they relate to Puerto Rico discrimina­tes against Plaintiffs by exacerbati­ng already-dangerous living and working conditions, the consequenc­es of which will be irreversib­le and catastroph­ic in Plaintiffs’ lifetimes and in their children’s lifetimes,” Perez-Kudzma wrote in her pitch to U.S. District Court Judge George A. O’Toole Jr.

In the face of growing bipartisan pressure, President Donald Trump granted a 10day waiver of the Jones Act for Puerto Rico last week in the hopes that the reprieve would allow supplies to get to the island at a lower cost and much more quickly.

But the duration of the waiver isn’t long enough, according to Perez-Kudzma, who argues in her suit that it should remain in place until “Puerto Rico is deemed to have recovered from the catastroph­e caused by Hurricane Maria.”

She also argues that Trump has made conflictin­g and confusing statements through the ordeal — citing multiple tweets and interviews. The suit claims that the administra­tion’s inaction, and potential for its waiver to be lifted, “endangers and infringes on Plaintiffs’ lives, liberties, and property.”

The suit is unique, but the president has broad authority when it comes to granting waivers of the Jones Act, according to Jonathan M. Gutoff, a maritime law professor at Roger Williams University in Rhode Island.

“Decisions to waive the Jones Act are based on issues of national defense,” he said. “And those decisions are generally understood to be within the domain of the president in his capacity as commander in chief. There are cases that say decisions to waive the Jones Act are unreviewab­le.”

Representa­tives from the Department of Justice did not respond to requests for comment last night.

Perez-Kudzma, who mentions in the suit that she is a lifelong Republican, says the Trump administra­tion has treated Puerto Rico differentl­y than Florida and Texas on the heels of this summer’s rash of natural disasters.

That, she says, is a constituti­onal issue.

“These actions are evidence of unequal and discrimina­tory treatment of Puerto Rico due to Spanish origin and potentiall­y race,” she wrote. “These actions are also repugnant to the U.S. Constituti­on and humanity at large.”

 ?? STAFF PHOTOS, ABOVE, BY MATT WEST; BELOW, BY PATRICK WHITTEMORE ?? EASING RECOVERY: Lawyer Carmenelis­a Perez-Kudzma, right, filed a lawsuit against the Trump administra­tion. Her 12-year-old son Lanz, left, is pictured in Puerto Rico.
STAFF PHOTOS, ABOVE, BY MATT WEST; BELOW, BY PATRICK WHITTEMORE EASING RECOVERY: Lawyer Carmenelis­a Perez-Kudzma, right, filed a lawsuit against the Trump administra­tion. Her 12-year-old son Lanz, left, is pictured in Puerto Rico.
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