New York City Bar Association calls for ending the Jones Act in Puerto Rico

Book - 12-10

After five years of research and advocacy, there is finally some movement on the Jones Act.

On May 10, 2018, the New York City Bar Association submitted an official report to US congress, which “strongly encourages Congress to permanently exempt Puerto Rico from the requirements of the Jones Act.”

Ignorance was the First Obstacle

The road has not been easy. For decades, proponents of Jones Act reform were met with blank stares and one question: “what the devil are you talking about?”

Until recently, the vast majority of the American public – including the press, elected officials, academics, union officials and business leaders – had no clue about Section 27 of the Merchant Marine Act of 1920, aka the Jones Act, and its destruction of the Puerto Rican economy.

 

Even today, many readers confuse it with the 1917 Jones-Shafroth Act – which imposed US citizenship on Puerto Ricans, and drafted them into WWI.

Other individuals, some of them self-interested, have claimed that Jones Act reform will “hurt maritime workers” or “eliminate union protections,” which is simply untrue.

A Long Lonely Road

For many years, I waged a nearly one-man battle against this ignorance. I knew that many corporate interests had a well-funded program in place, to perpetuate this level of national ignorance and confusion with respect to the Jones Act in Puerto Rico.

It was a corporate smokescreen of the highest order, with Citizens United money – i.e., 501(c)(4) “dark money” organizations – behind it. The only way to confront this was head-on.

I taped segments on Univisión:

Spoke on network TV:

http://abc7ny.com/news/tiempo-on-july-5-2015-part-1/826549/
http://abc7ny.com/news/tiempo-on-july-5-2015-part-2/826550/

Wrote repeatedly in War Against All Puerto Ricans:

https://waragainstallpuertoricans.com/2016/09/29/u-s-congressman-wants-to-repeal-the-jones-act-in-puerto-rico/

https://waragainstallpuertoricans.com/2016/02/06/new-york-times-calls-for-ending-the-jones-act-in-puerto-rico/

https://waragainstallpuertoricans.com/2015/07/06/abc-tv-reports-on-jones-act-reform-and-puerto-ricos-73-billion-debton-tiempo/

Walked into the lion’s den at Fox News:

http://www.foxnews.com/opinion/2016/10/25/opinion-puerto-rico-economy-continues-to-be-strangled-by-obsolete-jones-act.html

A video on Pero Like was viewed nearly 8 million times:

 

The New York Times Editorial

For three years I submitted an editorial to the New York Times. Finally after Hurricane Maria hit, they decided to run it on September 25, 2017.

It received so many views that, two days later, they translated and ran it again, in Spanish.

https://www.nytimes.com/es/2017/09/27/la-ley-jones-asfixiando-a-puerto-rico-huracan-maria/

Over the next three days (Sept. 25-28) the op ed was analyzed and adopted in the Washington Post, Wall Street Journal, New York Daily News, Los Angeles Times, Chicago Tribune, Bloomberg News, Reuters, Time Magazine, Newsweek Magazine, and The Atlantic.

During those same three days, the media carried the “Jones Act Story” on NBC News, CBS News, ABC News, CNN, NPR, PBS, WNYC and New York 1.

Here are the LINKS for all of the above stories:

PRINT MEDIA:

https://www.washingtonpost.com/news/posteverything/wp/2017/09/27/the-one-act-of-deregulation-that-the-trump-administration-will-not-take/?noredirect=on&utm_term=.67f088f57613
https://www.wsj.com/articles/lawmakers-seek-waiver-of-law-barring-foreign-ships-from-delivering-aid-to-puerto-rico-1506529999
http://www.nydailynews.com/news/national/mccain-urges-dhs-waive-shipping-restrictions-puerto-rico-article-1.3524346
http://www.latimes.com/nation/la-na-jones-act-20170927-story.html
http://www.chicagotribune.com/news/nationworld/ct-jones-act-puerto-rico-20170927-story.html
https://www.bloomberg.com/news/articles/2017-09-28/why-puerto-rico-pushed-trump-to-waive-this-law-quicktake-q-a
https://www.bloomberg.com/news/articles/2017-09-28/why-puerto-rico-pushed-trump-to-waive-this-law-quicktake-q-a
https://www.reuters.com/article/us-usa-puertorico-shipping-mccain/mccain-introduces-bill-to-kill-puerto-rico-shipping-restrictions-idUSKCN1C32ZL
https://www.theatlantic.com/politics/archive/2017/09/jones-act-waiver-puerto-rico-trump/541398/
http://www.newsweek.com/puerto-rico-hurricane-maria-donald-trump-jones-act-relief-aid-672778
http://time.com/4961159/what-is-jones-act-puerto-rico/

TV & RADIO:

https://www.nbcnews.com/storyline/puerto-rico-crisis/what-jones-act-opponents-1920-law-argue-it-s-worsening-n805101
https://www.cbsnews.com/news/white-house-waives-jones-act-in-response-to-puerto-rico-devastation/
https://abcnews.go.com/Politics/jones-act-trump-waived-puerto-rico/story?id=50134381
http://money.cnn.com/2017/09/28/news/economy/jones-act-puerto-rico/index.html
https://www.npr.org/2017/09/27/554004171/government-considering-lifting-shipping-restrictions-to-puerto-rico
https://www.pbs.org/newshour/nation/jones-act-explained-waiving-means-puerto-rico
https://www.wnyc.org/story/jones-act-hurting-puerto-rico/
http://www.ny1.com/nyc/all-boroughs/inside-city-hall/2017/09/29/ny1-online–crisis-in-puerto-rico–a-history-lesson

After years of explaining and struggling against the Jones Act, the world finally began to see how this one law was strangling the economy of Puerto Rico: for nearly a century, since 1920.

The media pressure became so great that, within two days of the NY Times editorial, Pres. Trump announced a 10-day “waiver” of the Jones Act in Puerto Rico:

The Cavalry rides in…and just in time

Politically and tactically, Trump’s ten-day waiver was a successful move. It didn’t accomplish anything for Puerto Rico – but it took the steam out of the Jones Act story, and enabled other headlines to dominate the news cycle.

By the end of those ten days, the press had moved on to other subjects: most notably, Trump’s tossing of paper towels to a roomful of reporters in San Juan.

We therefore went into organizing mode: coordinating with Misión Boricua in Orlando, and Respect and Justice for Puerto Rico in New York, to organize the state of Florida for a “March on Jacksonville.” Adela López and Zoraida Rios Andino in Orlando; and Julio Pabon, Emilio Morante and Eduardo Rosario in New York, have all been vital in this effort.

And then the cavalry arrived: on May 10, 2018, the New York City Bar Association demanded a permanent Jones Act repeal for Puerto Rico.

The NYC Bar Association is a major national presence: with 24,000 members, it is one of the premier lawyers’ organizations in the US. With a detailed press release and 15-page report, they are calling for immediate action by the US Congress, in regard to this Jones Act relief.

Press Release:

http://www.nycbar.org/media-listing/media/detail/exempt-puerto-rico-from-the-jones-act-permanently-city-bar-urges

Full Report:

http://www.nycbar.org/member-and-career-services/committees/reports-listing/reports/detail/support-for-permanently-exempting-puerto-rico-from-the-jones-act

This is no small matter. On September 27, 2017, two days after the NY Times editorial, the NYC Bar Association sent a letter to the Dept. of Homeland Security urging a suspension of the Jones Act in Puerto Rico. The very next day, Pres. Trump announced his 10-day waiver.

Now in May 2018, the Bar Association’s report is even more detailed. It lists two dozen members of Congress, from both parties, who support exempting Puerto Rico from the requirements of the Jones Act.

It cites a petition “to waive the Jones Act for Puerto Rico” that gathered half a million signatures in just five days.

It notes that repealing the Jones Act’s restrictions on Puerto Rico would not harm national security, or cost anything to U.S. taxpayers, or reduce the union protections to any maritime workers.

It notes that shipping companies use the Jones Act to create illegal price-fixing schemes, and illegal antitrust conspiracies, to maximize the profit from their captive captive market in Puerto Rico.

The report concludes that: “Exempting Puerto Rico from the Jones Act, much like the U.S. Virgin Islands, would be a way for Congress to help Puerto Rico’s economy at no additional cost to American citizens. The New York City Bar urges a permanent exemption to allow the global markets to help Puerto Rico and remove impediments to its economic growth. There is broad bi-partisan support for this exemption from the Jones Act. The time to take action to help those in Puerto Rico is now.”

We must also eliminate the 12.5% “Export Tax”

We salute the NYC Bar Association for their courage and leadership on behalf of Puerto Rico. We extend our thanks to John S. Kiernan (President), Roger Juan Maldonado (Chairman of the Task Force on Puerto Rico) and Neysa Alsina (In-house Counsel) for their steadfast advocacy, and detailed research, on the Jones Act issue.

If at all possible, we also encourage them to challenge the 12.5% export tax that was recently slapped on Puerto Rico, as an alleged “foreign tax” jurisdiction.

This 12.5% tax was thrown at the island after Hurricane Maria, as part of the GOP tax plan.

http://www.orlandosentinel.com/opinion/os-ed-taxing-puerto-rico-to-death-20180110-story.html

In view of its horrific timing, demonstrable and immediate damage to the island, and clear conflict with the 2016 Supreme Court decision that Puerto Rico is a “territorial possession” of the US (i.e., not a foreign jurisdiction) this 12.5% export tax is arbitrary and capricious in its application to Puerto Rico, and clearly subject to Article 78 relief.

For a history of the War Against All Puerto Ricans, read the book…

War Against All Puerto Ricans: Revolution and Terror in America’s ColonyBuy it Now

Si prefiere ver la página web en español por favor visite: http://www.guerracontratodoslospuertorriquenos.com

 

9 Comments on “New York City Bar Association calls for ending the Jones Act in Puerto Rico

  1. This has been a rock in the shoes of every Puerto Rican. The US has had a child hold on the good coming in and our of the island. A nice piece of money that they will use every trick to keep.
    Puerto Rican goods on the mainland are. Crackers and Malta. Go to your supermarkets and you will see that there are more imports from Mexico, China, Jamaica, etc. Yet Puerto Rican goods are not on the shelves. Puerto Rico aside from being robbed by the Merchants Marine Act (Jones Act). It’s also barred from exporting their products to the United States The multitude of imports are given instead to other countries instead of allowing the ability to import to the mainland US.
    This is a topic that hasn’t stirred enough support and it should since Puerto Rico is an American own island. By doing this they keep Puerto Ricans slave to the Americans. it’s time to stop and say ENOUGH! THE JONES ACTS MUST BE REPEALED

    Like

  2. This is amazing and it does more for the island than the local government and fiscal board’s “efforts” combined. Sadly this has gotten little to dare i say no attention at all in the island’s media.

    Like

  3. Excellent article. Keep on going with your fight for justice on behalf of us, the people of Puerto Rico. May God keeps helping you and your associates in your quest to take down this unfair and destructive Act. Thanks to all of you who are taking part in this battle. May it becomes a reality sooner than soon!

    On Sun, May 13, 2018, 3:48 PM WAR AGAINST ALL PUERTO RICANS wrote:

    > Nelson A. Denis posted: ” After five years of research and advocacy, there > is finally some movement on the Jones Act. On May 10, 2018, the New York > City Bar Association submitted an official report to US congress, which > “strongly encourages Congress to permanently exempt Pu” >

    Like

  4. Para ser colonial o estado prefiero que tenga su propio gobierno,si no pues volver a ser provincia de espana.

    Like

  5. Puerto Rico debe tener los poderes para gobernarse.

    Like

  6. Reblogged this on 1Ephraimite and commented:
    Finally after many years by Nelson Dennis unbridled and vehement persistence in advancing the reality of the Jones Act’s affect on the islands of Puerto Rico & the Virgin Islands, U.S. citizens with the ability to sway the Politically affluent to endear themselves to the impropriety that has arbitrarily gone unrestricted in the financial decimation of such dedicated Americans of these Islands. The reality of the financial disconnect could not longer be hidden behind the miles that separate Puerto Rico from the U.S.. When the heart of sincere people are heard weeping as they see their fellow Americans beleaguered by the desolation imposed by Hurricane Maria, they apparently were moved at the mutuality of their humanity. God Bless those members of the New York Bar association that showed their true sense of justice.

    Liked by 1 person

  7. God bless you Dennis, si no fuera por tu tener los cojones de no tomar “No” como la principe decision a los politicos que se bañan junto con las corporaciones millionarios, esto nunca habria llegado a este punto. Que dios te siga dirigiendo tus caminos firme.

    Liked by 2 people

  8. WOW, I THINK IS ABOUT TIME, THAT THIS NONSENSE LAW IS ABOLISHED ! I’LL PRAY THAT IT COMES TRUE.

    Like

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