The legal battle between Florida and the US Centers for Disease Control and Prevention went to an appeals court on Tuesday. Federal government attorneys argued that the lower court decision should be put on hold. Last month, Florida scored against the CDC as a judge sided with the state and issued a preliminary injunction on the restriction.
Florida’s Lawsuit Against the CDC
Florida filed a lawsuit against the CDC in April to get the cruise lines to operate sooner even without government approval. The state argued that the cruise industry was treated unfairly compared to other sectors of the travel industry.
On June 18, US District Judge Steven Merryday of the Middle District of Florida said that there is no enough justification for the conditional sailing order by the CDC. Merryday’s order turned the regulation into a mere recommendation on July 18.
The health agency took the lawsuit to the US Court of Appeals and asked Merryday to reverse the order while the appeal is still ongoing. According to the CDC, cruise regulations are part of their authority to protect and ensure public health. The agency also argued that cruise ships are at a higher risk to spread the COVID19 virus than hotels and planes.
According to the agency, “This court’s order creates a substantial risk that cruise ships will exacerbate the introduction and spread of the virus in the United States”.
Florida Complicating the Return of Cruises
No cruise company joined Florida when the state sued the CDC. Meanwhile, cruise ships are operating again. According to the CDC, cruise lines can sail if they can meet the 95% vaccination threshold for their crew and passengers. If not, the cruise lines will need to conduct simulated voyages with non-paying passengers to practice COVID19 protocols.
The return of cruise lines has become more complicated as Florida passed a law preventing businesses from asking a customer or an employee’s vaccination status. However, Carnival and Norwegian decided to still impose proof-of-vaccination requirements.
