Judge rules Florida can't ban Norwegian Cruise Line 'vaccine passport' | TheHill
S E E D E D C O N T E N T
A judge ruled on Sunday that Norwegian Cruise Line is permitted to ask customers to show proof of vaccination before boarding a ship, dealing a blow to Florida Gov. Ron DeSantisRon DeSantisAs COVID-19 infections climb, vaccine mandates followTeachers union president signals personal support for vaccine mandatesGOP senator says he disagrees with DeSantis on mask mandatesMORE's (R) law that prevented "vaccine passports" from being utilized in the state.
The nearly 60-page preliminary ruling from U.S. District Judge Kathleen Williams in the Southern District of Florida said that the state law barring the use of vaccine passports is likely unconstitutional under the First Amendment and jeopardizes public health.
The judge ruled that Florida Surgeon General Scott Rivkees, whom Norwegian filed a lawsuit against over the vaccine passport ban, cannot enforce the law with the cruise line, giving Norwegian the greenlight to carry out its safety measures starting Aug. 15, when the company plans to resume passenger cruises from the Sunshine State.
DeSantis signed legislation in May that banned vaccine passports in the state.
Norwegian praised the ruling in a statement on Sunday, writing that allowing vaccinated guests on board is the "safest vacation experience" to resume sailing.
"The public health environment continues to evolve around the globe and our robust science-backed health and safety protocols, with vaccines at its cornerstone, allow us to provide what we believe is the safest vacation experience for people who long to get back to their everyday lives and explore the world once again," Frank Del Rio, president and CEO of Norwegian Cruise Line Holdings, said in a statement.
Daniel Farkas, executive vice president and general counsel for Norwegian, said the lawsuit was filed "in the best interest of the welfare of our guests, crew and communities we visit in an effort to do our part as responsible corporate citizens to minimize, to the greatest extent possible, further spread of COVID-19 as we gradually relaunch our vessels."
DeSantis' office said it disagreed with the judge's legal reasoning, contending that a ban on vaccine passports does not violate speech rights. The office said it will appeal the decision to the Eleventh Circuit of Appeals.
"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," DeSantis' office said in a statement to The Hill.
The Hill reached out to Rivkees for comment.
Norwegian sued Rivkees last month in an effort to stop the state from enforcing its vaccine passport ban on businesses.
The Miami-headquartered company contended that the state's legislation against vaccine passports was a violation of the First Amendment because it blocked communication between business and customers.
The cruise line also argued that the law breached the 14th Amendment because it limited the company's ability to keep its employees and customers safe.
Norwegian earlier this month, during a virtual court hearing, called on a federal judge to block the law banning vaccine passports.
Derek Shaffer, the cruise line's attorney, pointed to the spike in COVID-19 infections in Florida as reason why the company should be permitted to require proof of vaccination before boarding a ship.
"It's scary what is happening in Florida. Florida is a hot spot," Shaffer said, according to The Associated Press. "All we're doing is trying to protect our staff and passengers."
He added that the law "should be fatal on arrival," and said DeSantis and others were supporting the ban to "score political points."
Updated at 11:21 a.m.
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For someone that preaches ''freedom'' and staying out of private business, he jumped in and tried to dictate to them.
Most of the Cruise Lines have set up policies that make it very difficult for non vaccinated to board without additional precautions and cost to the passenger.
bwah ha ha, the POTUS campaign by that meatless italian sausage will be over before it officially starts...
Have you seen where NYC restaurant owners are not allowing non-vaccinated persons into their establishments? I for one, applaud them.
I did see that and I agree with them.
My daughter and I are going (hopefully there will not be another lockdown) to NYC in November and I hope this stays in place for us. My daughter took the chance with her health and got the vaccine (with her autoimmune disorders all vaccines are iffy). It has gone well for her. So we are shotted up & ready to go.
I totally agree with them, too.
There is so much hypocrisy going on.
On one hand, DeSantis is saying that gov should not mandate anything dealing with the virus and then he mandates that schools and restaurants, and cruise liners can't have mask-wearing, and he won't report stats to the CDC.
My sister and I just got back from a vacation and we wore our masks in most indoor arenas. We got some stares in some places - in other places the non-masked were in the minority. I do look forward to a time when masks are a thing of the past.
Go on an over sized petri dish that there is no escaped from during a pandemic. It isn't like these cruise ships never break down, have problems with the food quality, or so ill kept their passengers contract things.
I don't care if they are vaccinated or not; they deserve what they get.
Anything to say that actually pertains to the article?
The article is about a cruise ship line only allowing vaccinated people on board.
My comment is relevant. Who would be stupid enough to go on a cruise ship whether or not they are vaccinated during a pandemic?
As for Desantis- he is just another hypocritical politician; let me know when you find one that isn't. We will have a statue made of them to put in the Smithsonian.
Thank you for that in-depth analysis of the situation.
True enough, but his missteps are costing lives.
He's also is doing preliminary work to run for POTUS next election. Everything he does is relevant.
It is relevant but at the moment he is on the wrong side of the school mask contraversity.
DeathSantis is not content with having his state infected due to his idiocy. Now he wants to take it to international waters and ports. Screw you governor. The Norwegians don't want your bs on their ships.
I think that DeSantis will also lose the court case on the masks for school kids.
He think he can threaten paychecks, but the Biden admin has said they would pay them directly.