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FL Governor tells CDC to get its act together

tpac24

Well-Known Member
Is a victory a victory when it's been reversed? Don't eat your crow before they're hatched...



In blow to DeSantis, court blocks order lifting CDC virus rules on Florida cruise ships​

ST. PETERSBURG — A federal appeals court has temporarily blocked a judge’s ruling that sided with a Florida lawsuit challenging U.S. Centers for Disease Control and Prevention pandemic regulations for cruise ship operation.

The one-paragraph decision by a three-judge panel of the 11th U.S. Circuit Court of Appeals was filed at 11:50 p.m. Saturday, just minutes before a Tampa judge’s previous ruling was set to take effect.

The judges’ issuance of a temporary stay keeps the CDC regulations regarding Florida-based cruise ships in place while the CDC appeals the June decision by U.S. District Judge Steven Merryday.

The lawsuit, championed by Republican Gov. Ron DeSantis, claims that the CDC’s multiple-step process to allow cruising from Florida is overly burdensome, harming both a multibillion-dollar industry that provides some 159,000 jobs and revenue collected by the state. ...

The CDC first flatly halted cruise ships from sailing in March 2020 in response to the coronavirus pandemic, which had affected passengers and crew on numerous ships.

Then the CDC on Oct. 30 of last year imposed a four-phase conditional framework it said would allow the industry to gradually resume operations if certain thresholds were met. Those included virus mitigation procedures and a simulated cruise to test them before embarking regular passengers.

Merryday’s decision concluded that the CDC can’t enforce those rules for Florida-based ships and that they should merely be considered nonbinding recommendations or guidelines. Several cruise lines have begun preliminary cruises under those guidelines, which the Tampa judge agreed with Florida are too onerous. ...

The 11th Circuit’s brief decision did not include any opinions from the judges, which the panel said would be released later. The decision noted that one appeals judge dissented.
I feel like you have been waiting anxiously to make this post. I guess we will have to wait until the end to see who the real winner really is.
 

aliceismad

Well-Known Member
You were pretty much implying it was the end-all with your 'eating crow' comment. So much for seeing how it plays out.
I think regardless of how it plays out, it's mostly a political stunt to increase the governor's visibility. When it gets to the Supreme Court (if they will hear it) most of the public won't remember or care. They'll just remember the news of the governor "fighting for the people."
I feel like you have been waiting anxiously to make this post. I guess we will have to wait until the end to see who the real winner really is.
There is no winner.
 

Bob Harlem

Well-Known Member
The US Supreme Court just vacated (reversed) the 11th appeals court district's Stay, I.e. the CDCs Conditional Sail Order is now just a set of recommendations and unenforceable in Florida and Texas. Technically the 3 judges reversed their own decision “sua sponte” to correct an error law.


I suspect this won't change much with the Cruise Lines already going forward, but it may fix things like the no mixed vaccination issue.
 
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monothingie

Foiled Again by Do Gooders
Premium Member
black and white raven GIF
 

aliceismad

Well-Known Member
In case anyone is interested:
"TALLAHASSEE — Norwegian Cruise Line Holdings and the state are battling about which court should hear a challenge to the state’s ban on so-called “vaccine passports,” with the cruise operator fighting an attempt to move the case out of South Florida.
Miami-based U.S. District Judge Kathleen Williams is scheduled to hear arguments Friday in Norwegian’s request for a preliminary injunction against the vaccine-passport ban, which would prevent the cruise line from requiring customers to show proof of vaccination against COVID-19.
But Gov. Ron DeSantis’ administration last month filed a motion to move the case to the federal Middle District of Florida, where Tampa-based U.S. District Judge Steven Merryday has backed the state in another lawsuit challenging Centers for Disease Control and Prevention restrictions on the cruise-ship industry.
Attorneys for Norwegian fired back Friday, pointing, in part, to the company being headquartered in Miami and planning to start cruises out of Miami on Aug. 15. In a 26-page document, Norwegian said it “attested” to the CDC that at least 95% of passengers and crew members leaving from Miami would be fully vaccinated — a promise that could be jeopardized by the vaccine passport ban."


 

Tony the Tigger

Well-Known Member
In case anyone is interested:
"TALLAHASSEE — Norwegian Cruise Line Holdings and the state are battling about which court should hear a challenge to the state’s ban on so-called “vaccine passports,” with the cruise operator fighting an attempt to move the case out of South Florida.
Miami-based U.S. District Judge Kathleen Williams is scheduled to hear arguments Friday in Norwegian’s request for a preliminary injunction against the vaccine-passport ban, which would prevent the cruise line from requiring customers to show proof of vaccination against COVID-19.
But Gov. Ron DeSantis’ administration last month filed a motion to move the case to the federal Middle District of Florida, where Tampa-based U.S. District Judge Steven Merryday has backed the state in another lawsuit challenging Centers for Disease Control and Prevention restrictions on the cruise-ship industry.
Attorneys for Norwegian fired back Friday, pointing, in part, to the company being headquartered in Miami and planning to start cruises out of Miami on Aug. 15. In a 26-page document, Norwegian said it “attested” to the CDC that at least 95% of passengers and crew members leaving from Miami would be fully vaccinated — a promise that could be jeopardized by the vaccine passport ban."


He’s forum shopping.
 

Cesar R M

Well-Known Member
The current CSO is outdated and does not reflect current circumstances. It's like finally finishing your Halloween Decorations just in time for Christmas.

Having cruise ships leave their home ports for offshore ports has a major effect on the regional economy, especially the hospitality industry to support and cater to all those travelers. How many people leaving out of Port Canaveral also make a stop at Central Florida attractions, or those leaving out of Miami for South Florida attractions? It has a major impact in a state that depends on the hospitality and tourism industry.
Not to mention the companies that support the industries themselves. Food, Power/Gas/Diesel, clothing, etc.. needs to come from somewhere.
 

DCBaker

Premium Member
"Norwegian Cruise Lines Holdings can require proof of vaccines for all passengers and crews, a federal judge ruled Sunday night.

U.S. District Judge Kathleen Williams said in her ruling that Norwegian Cruise Line, Oceania Cruises and Regent Seven Seas Cruises can require documentation of vaccines before they leave Florida ports. The cruise line’s next scheduled trip is the Norwegian Gem, set to depart the Port of Miami on Sunday, Aug. 15.

The ruling overturned the state’s ban on so-called “vaccine passports.” The state argued that requiring proof of a COVID-19 vaccination is discriminatory and would force people to provide personal medical information.

Gov. Ron DeSantis said he would issue fines to companies that tried to require to proof of vaccines.

“The health and safety of our guests, crew and the communities we visit is our number one priority, today, tomorrow and forever,” Frank Del Rio, president and CEO of the company said in a statement Sunday.

“We want nothing more than to sail from Miami, the Cruise Capital of the World, and from the other fabulous Florida ports and we welcome today’s ruling that allows us to sail with 100% fully vaccinated guests and crew which we believe is the safest and most prudent way to resume cruise operations amid this global pandemic,” he said."


Link to the ruling -

 

MisterPenguin

🐧🐧🐧🐧🐧🐧🐧🐧Fully Pfizered!🐧🐧🐧🐧🐧🐧🐧🐧
Premium Member
"Norwegian Cruise Lines Holdings can require proof of vaccines for all passengers and crews, a federal judge ruled Sunday night.

U.S. District Judge Kathleen Williams said in her ruling that Norwegian Cruise Line, Oceania Cruises and Regent Seven Seas Cruises can require documentation of vaccines before they leave Florida ports. The cruise line’s next scheduled trip is the Norwegian Gem, set to depart the Port of Miami on Sunday, Aug. 15.

The ruling overturned the state’s ban on so-called “vaccine passports.” The state argued that requiring proof of a COVID-19 vaccination is discriminatory and would force people to provide personal medical information.

Gov. Ron DeSantis said he would issue fines to companies that tried to require to proof of vaccines.

“The health and safety of our guests, crew and the communities we visit is our number one priority, today, tomorrow and forever,” Frank Del Rio, president and CEO of the company said in a statement Sunday.

“We want nothing more than to sail from Miami, the Cruise Capital of the World, and from the other fabulous Florida ports and we welcome today’s ruling that allows us to sail with 100% fully vaccinated guests and crew which we believe is the safest and most prudent way to resume cruise operations amid this global pandemic,” he said."


Link to the ruling -

Woah, that ruling did more than just put a hold on enforcing a law temporarily while it's constitutionality gets determined, it served up a comprehensive dismantling of the no-docs statute that the cruise lines can just recite word-for-word in court. The judge did all their work for the cruise line.
 

Chi84

Premium Member
Woah, that ruling did more than just put a hold on enforcing a law temporarily while it's constitutionality gets determined, it served up a comprehensive dismantling of the no-docs statute that the cruise lines can just recite word-for-word in court. The judge did all their work for the cruise line.
What struck me most about the order was the number of times the court noted that Florida "presented no evidence" or "made no argument" or "did not challenge." This clearly supports the proposition that the law was a hurried attempt to do one thing - prevent vaccination passports - and it really does little to advance the stated concerns of protecting medical privacy or preventing discrimination against the unvaccinated (which really isn't a valid issue). It's likely the court's order was substantially taken from language in the cruise lines' briefs, but it doesn't seem Florida mounted much of a challenge to the motion for preliminary injunction. Florida never had a leg to stand on with respect to the commerce clause issue, but what's interesting is the First Amendment analysis. That will carry over to businesses other than the cruise lines.
 

MisterPenguin

🐧🐧🐧🐧🐧🐧🐧🐧Fully Pfizered!🐧🐧🐧🐧🐧🐧🐧🐧
Premium Member
What struck me most about the order was the number of times the court noted that Florida "presented no evidence" or "made no argument" or "did not challenge." This clearly supports the proposition that the law was a hurried attempt to do one thing - prevent vaccination passports - and it really does little to advance the stated concerns of protecting medical privacy or preventing discrimination against the unvaccinated (which really isn't a valid issue). It's likely the court's order was substantially taken from language in the cruise lines' briefs, but it doesn't seem Florida mounted much of a challenge to the motion for preliminary injunction. Florida never had a leg to stand on with respect to the commerce clause issue, but what's interesting is the First Amendment analysis. That will carry over to businesses other than the cruise lines.
That and the number of times that the court pointed out that whatever reasons the 'state' gave for the statute was deemed in bad faith since the state allowed contradictory behavior that undermined their supposed reasons for the statute.
 

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