Norwegian vaccine ruling could embolden other cruise lines in challenge to DeSantis
Though Norwegian Cruise Line Holdings secured a win in federal court Sunday allowing it to require passengers provide proof of COVID-19 vaccination, the legal battle between the cruise industry and the state of Florida is far from over.
Gov. Ron DeSantis, who has championed the new state law that bars companies from requiring vaccination proof from patrons, is vowing to appeal. Other cruise companies said Monday they are assessing what the ruling means for their cruises, which are already underway in Florida.
They could start requiring proof, daring the state to enforce its $5,000 fines, said Larry Gostin, professor of global health law at Georgetown University and director of the World Health Organization’s center on global health law.
“This will embolden them to do that, and I think it should,” he said. “When you have law that is contrary to the public’s health and to the Constitution, the burden is on Florida to see if they can enforce it legally.”
Companies also could continue to check passengers’ vaccine status by simply asking them if they’ve been vaccinated and asking them to volunteer their documentation, or seek a similar preliminary injunction that would allow them to require proof.
Cruise ships are particularly dangerous for the spread of COVID-19 because of their confined environments. Of the 63 ocean cruise ships currently in U.S. waters or planning to be soon, 25 have reported COVID-19 cases on board in the last seven days, according to the CDC. Thirteen of those reporting cases are operating with passengers on board, and seven of them are operating from Florida ports.
U.S. District Judge for the Southern District of Florida Kathleen Williams on Sunday blocked Florida from enforcing the law against Norwegian when the company restarts cruises from Florida this month, granting its request for a preliminary injunction while its lawsuit against Florida Surgeon General Scott Rivkees plays out in court.
Williams said Norwegian is likely to succeed in its suit, arguing that the state law violates its constitutional right to free speech and the federal government’s jurisdiction over interstate commerce. Norwegian argued that without requiring proof of vaccination, it will be endangering the lives of its passengers and crew members.
On Monday, DeSantis press secretary Christina Pushaw said the state will appeal to the U.S. Court of Appeals for the Eleventh Circuit.
“A prohibition on vaccine passports does not even implicate, let alone violate, anyone’s speech rights, and it furthers the substantial, local interest of preventing discrimination among customers based on private health information,” Pushaw said via email.
Royal Caribbean Group, Carnival Corporation and MSC Cruises are already operating cruises from Florida. The companies allow unvaccinated passengers on board and use a patchwork of protocols to try to verify vaccination status without requiring passengers show proof. Companies call passengers in the weeks leading up to their cruise to ask them their vaccination status and request that they volunteer documentation before boarding.
Unvaccinated passengers are subjected to protocols including mask mandates, expensive testing and restrictions on on-board and shore activities. They are required to wear wristbands or other identification showing their vaccination status.
Following the judge’s decision, Norwegian Cruise Line Holdings will require all passengers show proof of vaccination in order to board its ships. The company plans to start cruises aboard Norwegian Gem from PortMiami on Sunday.
Spokesperson for Royal Caribbean Group Jonathon Fishman said the company is reviewing the judge’s order to better understand how it affects its cruise lines. Spokesperson for Carnival Corporation Roger Frizzell said the company will continue to “adapt to the evolving public health situation with the appropriate layered protocols to protect public health and safety.”
This story was originally published August 9, 2021 at 5:13 PM.
