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FL Governor tells CDC to get its act together
- Thread starter ChuckElias
- Start date
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.Is a victory a victory when it's been reversed? Don't eat your crow before they're hatched...
Appeals court allows CDC to enforce rules for cruise ships in blow to DeSantis
A federal appeals court ruled Saturday night that the CDC can enforce its framework for cruise ships returning to operation, overturning an earlier district court ruling that would have made the CDC's guidelines mere suggestions.Why it matters: The resumption of cruise ship activity has been a...news.yahoo.com
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 …www.orlandosentinel.com
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.
Did not my phrasing of "until they're hatched" not make that point?
aliceismad
Well-Known Member
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."
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.
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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DeSantis handed victory as US appeals court rules against CDC cruise ship restrictions
A U.S. appeals court reversed its decision and let stand a lower court order prohibiting the Centers for Disease Control and Prevention from enforcing coronavirus restrictions on Florida cruise ships.
www.foxbusiness.com
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."
www.sun-sentinel.com
"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."
DeSantis, cruise line fight over ‘vaccine passport’ court battle. Norwegian wants case heard in South Florida
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 f…
www.sun-sentinel.com
Tony the Tigger
Well-Known Member
He’s forum shopping.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."
DeSantis, cruise line fight over ‘vaccine passport’ court battle. Norwegian wants case heard in South Florida
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 f…
Cesar R M
Well-Known Member
Not to mention the companies that support the industries themselves. Food, Power/Gas/Diesel, clothing, etc.. needs to come from somewhere.
"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."
www.sun-sentinel.com
Link to the ruling -
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."
Norwegian Cruise Line can require proof of vaccination, judge rules, but the case isn’t over yet
Norwegian Cruise Lines Holdings can require proof of vaccines for all passengers and crews, a federal judge ruled Sunday night, granting the cruise line a preliminary injunction that prevents it fr…
www.sun-sentinel.com
Link to the ruling -
Tony the Tigger
Well-Known Member
Woo hoo!
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."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."
Norwegian Cruise Line can require proof of vaccination, judge rules, but the case isn’t over yet
Norwegian Cruise Lines Holdings can require proof of vaccines for all passengers and crews, a federal judge ruled Sunday night, granting the cruise line a preliminary injunction that prevents it fr…
Link to the ruling -
Chi84
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.
Tony the Tigger
Well-Known Member
As expected, he is filing an appeal.
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.