Does the outcome of the Desantis case affect transatlantics from Europe to Florida?

[podgeandrodge]

Here in Europe, wondering whether the couple of NCL cruises from Europe to Florida in November will sail if the case is won by the Governor?  Would NCL be able to sail from Europe to Florida and berth there if they had imposed vaccine mandates?  Or is it only if they are leaving a Florida port that problems arise?

[chengkp75]

9 hours ago, podgeandrodge said:

Here in Europe, wondering whether the couple of NCL cruises from Europe to Florida in November will sail if the case is won by the Governor?  Would NCL be able to sail from Europe to Florida and berth there if they had imposed vaccine mandates?  Or is it only if they are leaving a Florida port that problems arise?

Well, its understandable that things in the US legal system get a little confused to outsiders.  First off, the lawsuit has nothing to do with vaccine mandates.  That is a separate issue, set up first by an Executive Order by the governor, and then passed into state law, and which would require a separate legal challenge as to its legality.  The current lawsuit is one the state of Florida brought against the CDC saying that the CDC has no jurisdiction to control the cruise lines, as they are doing with the Conditional Sailing Order.  The CSO does not mandate vaccinations, merely offers a different path to obtaining a CSO Certificate (needed to operate in the US) depending on whether the pax and crew are vaccinated to a given level or not.   So, either way the lawsuit goes, that does not affect the Florida ban on vaccine mandates.  To answer your question directly, as far as NCL mandating vaccinations in Europe, I don't believe that even Gov. DeSantis could stretch credibility to include a business transaction between a European citizen, and a non-US corporation, that takes place in Europe could be considered to be doing "business in Florida", so he would not be able to fine NCL for mandating vaccinations.

[ace2542]

10 minutes ago, chengkp75 said:

I don't believe that even Gov. DeSantis could stretch credibility to include a business transaction between a European citizen, and a non-US corporation, that takes place in Europe could be considered to be doing "business in Florida", so he would not be able to fine NCL for mandating vaccination

Would it not also be worth mentioning that the poster should have no fear of being denied entry to the USA itself for any supposed violation of De Santis executive order despite the arrival in Florida. Immigration is Federal not State.

 

If the worst came to the worst and NCL felt it necessary I am surely they could reroute the sailing to NYC or Boston maybe.

[podgeandrodge]

9 hours ago, chengkp75 said:

Well, its understandable that things in the US legal system get a little confused to outsiders.  First off, the lawsuit has nothing to do with vaccine mandates.  That is a separate issue, set up first by an Executive Order by the governor, and then passed into state law, and which would require a separate legal challenge as to its legality.  The current lawsuit is one the state of Florida brought against the CDC saying that the CDC has no jurisdiction to control the cruise lines, as they are doing with the Conditional Sailing Order.  The CSO does not mandate vaccinations, merely offers a different path to obtaining a CSO Certificate (needed to operate in the US) depending on whether the pax and crew are vaccinated to a given level or not.   So, either way the lawsuit goes, that does not affect the Florida ban on vaccine mandates.  To answer your question directly, as far as NCL mandating vaccinations in Europe, I don't believe that even Gov. DeSantis could stretch credibility to include a business transaction between a European citizen, and a non-US corporation, that takes place in Europe could be considered to be doing "business in Florida", so he would not be able to fine NCL for mandating vaccinations.

Yes, thanks for explaining it to us "outsiders"   :)

 

I did not mean that the lawsuit was to do with vaccine mandates.  I meant if NCL mandates vaccines, could it impact being allowed arrive in Florida.  But I didn't mean that I thought that the Governor could prevent such transactions in Europe, more whether the imposition of mandatory vaccines by NCL could pose problems in terms of being allowed berth in Florida as a result i.e. could he prevent berthing on the basis that a ship carrying "mandatory vaccinated passengers" is not allowed port there.  As it's at the end of a trip I presume not.

 

9 hours ago, ace2542 said:

Would it not also be worth mentioning that the poster should have no fear of being denied entry to the USA itself for any supposed violation of De Santis executive order despite the arrival in Florida. Immigration is Federal not State.

 

If the worst came to the worst and NCL felt it necessary I am surely they could reroute the sailing to NYC or Boston maybe.

 

Thanks ace, yes I guess that was more what I was getting at - whether the arrival of the ship (rather than the passenger) could be against the executive order, but as you say, they probably have options here to pick anothe port.  Right now I am far more concerned about fact that Biden has not yet indicated that Europeans can enter the USA at all yet! :)

[ace2542]

14 hours ago, podgeandrodge said:

I am far more concerned about fact that Biden has not yet indicated that Europeans can enter the USA at all yet! 🙂

I actually think the reason for that isn't the virus so much but the amount of job openings in places like NYC right now. Biden knows that if he opens the borders before the unemployment benefits which he introduced expire - I think they do in August. I think Biden knows if he opens up before then and even very soon after then they might get a real influx of illegals from Europe like Ireland and Poland in particular now it is on the Visa Waiver Program. And other countries of course. That is just my opinion.

[Junonia]

I don't think DeSantis could prevent a ship full of prescreened Passengers from arriving in FL . The exception would be if he prevents NCL from fully operating in FL in the first place. If that were the case, your disembarkation port may change to somewhere else on the east coast.