Florida wins injunction over CDC's CSO

[smokeybandit]

In short, the CSO goes from mandatory to just guidelines on July 18. The CDC has the chance to re-issue a CSO by July 2, assuming it's more in line with their actual powers, not the ones that just got shot down.

 

 

[cruisinghawg]

Well well!!!! Now lets see what the CDC may do.

[coldflame]

Not seeing anything hit the case docket yet.

[smokeybandit]

Just now, coldflame said:

Not seeing anything hit the case docket yet.

https://storage.courtlistener.com/recap/gov.uscourts.flmd.388773/gov.uscourts.flmd.388773.91.0_1.pdf

[smplybcause]

There's an Orlando Sentinel article already out on it but I've run out of free articles this month. 

[molly361]

13 minutes ago, smokeybandit said:

In short, the CSO goes from mandatory to just guidelines on July 18. The CDC has the chance to re-issue a CSO by July 2, assuming it's more in line with their actual powers, not the ones that just got shot down.

 

 

Sorry still need the cliff notes version😇

[Jonbiloh]

There goes Alaska 2021? 

[cruisinghawg]

1 minute ago, Jonbiloh said:

There goes Alaska 2021? 

Never understood that thinking.

[smokeybandit]

2 minutes ago, Jonbiloh said:

There goes Alaska 2021? 

No, CDC's contention that the ATRA de facto ratified the CSO got shot down in the judge's ruling.

[Jonbiloh]

4 minutes ago, smokeybandit said:

No, CDC's contention that the ATRA de facto ratified the CSO got shot down in the judge's ruling.

 

That's from the CDC's position/perspective.

 

Doesn't the clear language of the ATRA require an in force CSO in order to avail the industry the relief intended? 

 

Seems pretty clear to me that the ATRA is only in effect if:

 

(A) has been issued, operates in accordance with, and retains a COVID-19 Conditional Sailing Certificate

Edited June 18, 2021 by Jonbiloh

[wolfganghowell]

Didn't Texas join the suit?

[smokeybandit]

Just now, Jonbiloh said:

 

That's from the CDC's position/perspective.

 

Doesn't the clear language of the ATRA require an in force CSO in order to avail the industry the relief intended? 

The ATRA never mentioned the CSO. Just the conditional sailing certificate.  So would it be in essence nullified if ships don't have conditional sailing certificates because such a thing doesn't exist? I wouldn't think so. 

[coldflame]

Alaska's and Texas' standing to intervene in the case remains unresolved (i.e. the Judge hasn't made its mind/a decision). So this preliminary order does not affect either state -- it's very specific to FL.

[logan25]

https://www.cruiseindustrynews.com/cruise-news/25266-florida-wins-court-case-against-cdc-to-lift-conditional-sail-order.html

 

free to read

[smokeybandit]

3 minutes ago, wolfganghowell said:

Didn't Texas join the suit?

They filed a motion to, but it was never ruled.

[coldflame]

1 minute ago, smokeybandit said:

The ATRA never mentioned the CSO. Just the conditional sailing certificate.  So would it be in essence nullified if ships don't have conditional sailing certificates because such a thing doesn't exist? I wouldn't think so. 

The scope of this preliminary decision is very narrow: it applies to FL only.

[coldflame]

Interesting. The Judge sent both parties to mediation again:

 

The parties are ordered to return to mediation before Magistrate Judge 
Anthony Porcelli at a time and place ordered by Judge Porcelli and in accord with 
the terms (including confidentiality) of the earlier mediation order (Doc. 51).

[Tapi]

18 minutes ago, smplybcause said:

There's an Orlando Sentinel article already out on it but I've run out of free articles this month. 

It’s on the Miami Herald now without having to get a subscription 

[Tapi]

Whatever the ramifications of this ruling may be, I hope that:

 

- Cruising from Florida can move forward. 
- Sensible and workable protocols can be established (I hope it doesn’t become a “free for all”).
- And finally, that the Alaska Tourism Restoration Act isn’t adversely affected because of this ruling. 

 

If all of these can be met, I’ll be very happy about this decision. 
 

Edited June 18, 2021 by Tapi

[smokeybandit]

Just now, Tapi said:

- Sensible and workable protocols can be established (I hope it doesn’t become a “free for all”).

 

The Healthy Sail Panel already had those in place. Granted those are a bit obsolete now too with the state of things.

[At Sea At Peace]

LOL.

 

Pass around the 'crow' to the legal experts.

 

124 pages of ~

 

Wrong.

 

Wrong.

 

Wrong.

 

 

🙃

 

Now we will see retorts that 'it was from 'a DeSantis Judge.  🙄

 

And, of course, with the same guarantee, it will be overturned on appeal.  😁

Edited June 18, 2021 by At Sea At Peace

[Oceansaway17]

all this hurts my head.

 

I want to be able to cruise in August from Seattle.  Unsure what to think of FLA and its issues.

 

[livingonthebeach]

Tampa Bay News has a story out:

 

https://www.tampabay.com/news/florida-politics/2021/06/18/federal-judge-sides-with-desantis-in-dispute-with-cdc-over-cruise-industry/

[Tapi]

10 minutes ago, smokeybandit said:

 

The Healthy Sail Panel already had those in place. Granted those are a bit obsolete now too with the state of things.

I think that even if a judge had said that cruises can proceed with zero protocols and restrictions, the cruise lines will still choose to have some protocols in place. I’m guessing that news outlets will be watching the cruise industry closely after this ruling. More than ever, the cruise industry can’t afford to mess up, and they’ll do everything they can to make sure that it doesn’t happen. Everybody is watching. 

Edited June 18, 2021 by Tapi

[bajathree]

https://www.cruiseindustrynews.com/cruise-news/25266-florida-wins-court-case-against-cdc-to-lift-conditional-sail-order.html