Be that as it may, the boat is rightly being returned thanks to efforts
of the American Civil Liberties Union, which will litigate the
constitutionality of the Presidential order that allowed seizure of
vessel.
The Coast Guard seized another vessel of Mr. Sanchez's movement on July
13, 1997, when he was vowing to go to Cuban waters to pay homage to the 41
who died when a tugboat was rammed by Cuban fireboats. The Democracia was
returned to him nine months later. The Human Rights was seized on Dec. 10,
after Mr. Sanchez set sail for Cuba to distribute copies of the Universal
Declaration of Human Rights.
Over the weekend, Mr. Sanchez threatened to escalate his protests from
a peaceful hunger strike to civil disruption. His supporters, he said,
would tie up rush-hour traffic, jam federal phone lines and stall
post-office lines.
For a just cause, peaceful civil disobedience is to be tolerated, but
blocking streets also turns off people who would otherwise support the
cause of Cuban exiles. Other than successfully irritating the Coast Guard,
Mr. Sanchez's protests have had little success, and the wisdom of fighting
the U. S. government when the enemy is the government of Cuba never
has been clear.
Still the U. S. government overreacted by stonewalling all efforts
to reclaim the boat. The President's executive order was issued after
Cuban war planes shot down two Brothers to the Rescue planes and killed
four South Floridians. Its clear intent is to prevent ugly international
incidents and further loss of lives. But good intent has never justified
government trampling civil liberties. Litigation may yet end the exercise
of extraordinary maritime powers.
Mr. Sanchez and the U.S. attorney's office, however, have an accord
that both find satisfactory and that respects his civil liberties,
protects national interests and puts the focus back on common goals. Both
can call it a win.ACLU's intervention proved more effective.