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How will Florida's ban on vaccine passports effect cruise ship requirements?


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As it stands - the cruise lines can't.  I doubt this would hold up in court if they challenge it, and if they don't challenge it, they risk a loss of a fair amount of business.  I think a lot of vaccinated cruisers - myself included - would not get on a ship that doesn't require vaccination.

 

Another article has a direct quote:

 

DeSantis, who has sued the Centers for Disease Control and Prevention seeking to reopen the cruise industry, insisted he would not make an exception.

“If you say, ‘Just let the cruises do it, no one else,’ it ain’t going to end there,” DeSantis said.

 

 

Edited by CT Sean
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I can see both sides of the argument. There is a federal case being tried on May 12th for an injunction on the CSO. That will play out however it does. Whichever way it goes, an appeal to the FL Supreme Court probably will not happen before the CSO is lifted anyway. I expect cruises to go down 2 paths depending on outcomes of the trial:

 

  1. DeSantis loses and they have to follow the CDC new guidelines. The cruise lines are already moving down this path in my opinion. It keeps the ball rolling to start mid-July. 98% of crew and 95% of passengers will have to be vaccinated. I suspect this may have some flexibility but not much. Lets say a cruise has 3,000 passengers and 200 of those are children that cannot be vaccinated. I don't see the cruise line sticking to a strict number and the CDC being flexible to say it is ok because of children.
  2. DeSantis wins and cruises can start with no restrictions. This would be cruising back to normal. The CDC would have to file an appeal with the FL Supreme Court. I am fairly certain the FL Supreme Court would not be looking to move with any expediency to even consider the case. The only recourse the CDC would have is to  get one of the other Departments to put their name and political suicide to stop cruising. 

There will be no fully vaccinated cruises in mid-July unless the cruise line comes out and says they require 100% vaccination. If they attempt that with DeSantis law in place, the cruise lines won't be able to operate out of FL. I expect TX to take a similar stance with DeSantis. I believe it is more wise to work together and compromise to get cruising back. It's a simple solution and I don't see either side too far off from each other that it can't be done. I see a working method as below.

  1. Everyone 16 and older must be vaccinated, no exceptions. To be very clear, I complete disagree with this but will accept it. I think it is going to be a requirement in order to sail in July. No excuse for religion or medical reason. Either get it or don't sail. No one in this age group can be part of the 5% number from the CDC.
  2. Everyone 12-15 will need to vaccinated as much as possible due to the timing of vaccine approval. Because it is a 6-week process, it is not something completely possible for July. The FDA needs to approve soon (by next week). That only leaves 4-5 weeks for kids in this age group to be vaccinated in time and meet the 3-week time after the second shot. The ones that can't will count into the 5%.
  3. Under 12 counts in the 5%

 

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This is an interesting article about the ban

 

https://www.sun-sentinel.com/business/fl-bz-silversea-cruises-to-require-vaccinations-20210412-7ok6fwabpndc5aop6oyla5tgvq-story.html

 

I'm quite sure the reality is "it's complicated", but these 2 paragraphs suggest he doesn't have the authority:

"Dawn Meyers, a partner with the government and regulatory team at Miami-based Berger Singerman, last week said DeSantis likely has no authority under interstate law, international law or maritime law to bar cruise lines from requiring vaccinations unless cruise ships were merely traveling from one Florida port to another.

Jim Walker, a South Florida attorney who specializes in maritime law, accused DeSantis of wanting to “have his cake and eat it too” by calling for the CDC to allow cruise lines to resume operations while prohibiting cruise lines from requiring vaccinations. “Both of these issues are well outside the jurisdiction of a state governor,” he said recently."

 

 

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I don't disagree that DeSantis has probably overstepped his authority, but it is nowhere near how much the CDC has overstepped its either. The CDC head stated emphatically that the CDC is not the only government entity stopping cruises. My take on her statement alone is to end the CSO immediately and see what other Department of government moves to stop the cruise industry. When none step up to the plate, you know who stopped it. If the CDC would just operate fairly and openly, none of this would have had to transpire. 

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Just like every other private business in Florida, the cruise lines can do whatever they want.

 

I work for the largest and busiest privately owned restaurant business in South Florida.  All of our employees are required to wear a mask while working.  

 

All of our guests are required to wear masks to enter and exit the restaurant.  If you don't have on a mask, you cannot enter.  It is a privately owned business and we can do what we want.

 

Just like we require you to wear shoes and a shirt to enter.

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3 hours ago, BlueHerons said:

Just like every other private business in Florida, the cruise lines can do whatever they want.

 

I work for the largest and busiest privately owned restaurant business in South Florida.  All of our employees are required to wear a mask while working.  

 

All of our guests are required to wear masks to enter and exit the restaurant.  If you don't have on a mask, you cannot enter.  It is a privately owned business and we can do what we want.

 

Just like we require you to wear shoes and a shirt to enter.

 

That's good and I support your business doing it - but this law isn't about masks.  This law says you are not allowed to require patrons to have the COVID vaccine- even if you wanted to. I'm not saying a restaurant would want to - seems a bit excessive - but the point is you can't.

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I suspect Governor DeSantis is playing to the cheap seats on this one.  He's in a win-win situation as far as his political ambitions for 2022 (re-election bid?) and 2024 (Presidential bid?).

 

His edict might be over turned in court, or it might stand. Either way, he has stood up to the wicked federal government un-elected bureaucrats who are choking honest business people.

 

(I don't necessarily agree with this, but I have observed how these issues unfold here in the Sunshine addled state.)

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On 5/4/2021 at 10:06 AM, BlueHerons said:

Just like every other private business in Florida, the cruise lines can do whatever they want.

The difference is that the cruise lines are not a privately owned business. They are a multi-billion dollar publicly traded business. Like I said, if the May 12th case is in favor of FL, the injunction on the CSO will allow cruises to operate restriction free. If the CDC wins, then the cruise lines will demand vaccines. Either way, the cruise lines win with the outcome. This is just to see how far the CDC or FL can reach the fence if you catch the meaning.

Edited by BoozinCroozin
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2 hours ago, BoozinCroozin said:

The difference is that the cruise lines are not a privately owned business. They are a multi-billion dollar publicly traded business. Like I said, if the May 12th case is in favor of FL, the injunction on the CSO will allow cruises to operate restriction free. If the CDC wins, then the cruise lines will demand vaccines. Either way, the cruise lines win with the outcome. This is just to see how far the CDC or FL can reach the fence if you catch the meaning.

The fact that a company is publicly traded doesn't matter. You think a McDonalds, or a Costco, for example, can't require masks on their property? Really? They can, and do. The airlines (all publicly traded)required masks before the Executive Order.

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