Celebrity requiring all passengers 12+ to show proof of vaccine in defiance of FL Law?

[Babr]

5 minutes ago, dkjretired said:

Refusal to vaccinate is not a recognized disability but some people have underlying diseases that may cause them not to vaccinate that definitely are recognized disability. My next door neighbor has a form of MS that his doctors recommend no vaccination.

Medical discrimination applies to the workplace.

 

ADA applies to physical and mental disabilities that affect daily functioning.

 

Your neighbor may have a qualifying physical disability, but he’d still have to apply for a medical exemption to cruise without a vaccine.

[dkjretired]

1 hour ago, PTC DAWG said:

Read the contract…That said, I doubt they would deny someone solely on having a dog..

 Pointing out as a hypothetical  under the ADA.

[bEwAbG]

36 minutes ago, dkjretired said:

just an FYI, the lawsuits in NY City against the vaccine requirement in restaurants are using among other things violations of Hippa and ADA.

 

Those are just accusations, though.  HIPAA would not apply in restaurants or cruise ships as asking someone to prove their vaccination status has nothing to do with HIPAA + those entities are not covered by HIPAA anyway.  Medical exemptions might be granted for restaurants & for cruise ships (subject to the same treatment other unvaccinated people sail under).  Not meeting the eligibility requirements for entry to another country is not an ADA issue.   

 

I know two people who cannot be vaccinated due to medical conditions: they're not entertaining travel to anywhere as they understand they are vulnerable.

Edited August 21, 2021 by bEwAbG

[Turtles06]

1 hour ago, LGW59 said:

Celebrity is defying FL law that says you cant make people show vax card!  But are they then able to say, it's OK if you do not want to show the vax card, but we don't have to allow you to board?

 

I believe the U.S. Constitution permits Celebrity to do exactly that. As pointed about above, there are ports that are denying entrance to ships if not all of the passengers above a certain age are vaccinated.  This shows very clearly why the Florida law, if enforced, would place an impermissible burden on interstate/international commerce.    Indeed, the likelihood that NCL would succeed on just that claim is one reason why the federal judge granted NCL a preliminary injunction against the Florida law. 

[Babr]

7 minutes ago, bEwAbG said:

 

Those are just accusations, though.  HIPAA would not apply in restaurants or cruise ships as asking someone to prove their vaccination status has nothing to do with HIPAA + those entities are not covered by HIPAA anyway.  Medical exemptions might be granted for restaurants & possibly for cruise ships (subject to the same treatment other unvaccinated people sail under) as part of ADA.  Not meeting the eligibility requirements for entry to another country is not an ADA issue.   

 

I know two people who cannot be vaccinated due to medical conditions: they're not entertaining travel to anywhere as they understand they are vulnerable.

 

ADA applies to physical and mental disabilities. 
 

Medical discrimination applies to the workplace.

 

A medical exemption for someone who is ineligible to receive the vaccine is a separate issue. 

[CHEZMARYLOU]

34 minutes ago, dkjretired said:

 

 

just an FYI, the lawsuits in NY City against the vaccine requirement in restaurants are using among other things violations of Hippa and ADA.

Requiring proof of vaccination by cruise lines, restaurants, other businesses is not a violation of HIPPA.

 

 

Edited August 21, 2021 by CHEZMARYLOU

[bEwAbG]

2 minutes ago, Babr said:

 

ADA applies to physical and mental disabilities. 
 

Medical discrimination applies to the workplace.

 

A medical exemption for someone who is ineligible to receive the vaccine is a separate issue. 

 

Thanks for the correction.  I got tripped up in editing my comment.

[dkjretired]

32 minutes ago, bEwAbG said:

 

Those are just accusations, though.  HIPAA would not apply in restaurants or cruise ships as asking someone to prove their vaccination status has nothing to do with HIPAA + those entities are not covered by HIPAA anyway.  Medical exemptions might be granted for restaurants & for cruise ships (subject to the same treatment other unvaccinated people sail under).  Not meeting the eligibility requirements for entry to another country is not an ADA issue.   

 

I know two people who cannot be vaccinated due to medical conditions: they're not entertaining travel to anywhere as they understand they are vulnerable.

Problem in NY is they are not granting exceptions.

[Turtles06]

24 minutes ago, CHEZMARYLOU said:

Requiring proof of vaccination by cruise lines, restaurants, other businesses is not a violation of HIPPA.

 

 

Agreed. It’s astonishing how much misinformation about HIPPA is floating around.

[canderson]

Just now, Turtles06 said:

Agreed. It’s astonishing how much misinformation about HIPPA is floating around.

Just had an odd thought.  HIPPA rules with regard to the ship's infirmary.  What would HIPPA allow them to share, and with whom?

[Babr]

1 minute ago, Turtles06 said:

Agreed. It’s astonishing how much misinformation about HIPPA is floating around.

People are looking for any justification for their position.

[fstuff1]

2 hours ago, LGW59 said:

I am not parsing anything, I have no dog in this hunt, I don't sail again until 2022 and when I do it is def not from FL.  I was asking a legitimate question to which I do not know the answer.

 

No, I wasn't attacking you.

I meant celebrity is parsing the law

 

[davekathy]

No problem!  Hell, we will gladly show our vaccination cards. Celebrity also needs to mandate everyone no matter their age, medical condition(s) or excuse(s) being vaccinated in order to board their ships. 

[dkjretired]

37 minutes ago, Babr said:

People are looking for any justification for their position.

Yes, I guess the lawyers in NY don’t know anything since they have put HIPPA and ADA in their lawsuits.

[fstuff1]

4 minutes ago, dkjretired said:

Yes, I guess the lawyers in NY don’t know anything since they have put HIPPA and ADA in their lawsuits.

Lol.. They can put anything in their lawsuit.

They could say because their flying spaghetti God doesn't want us to show vax cards.

 

Doesn't mean they'll be successful

 

Edited August 21, 2021 by fstuff1

[mom says]

1 hour ago, dkjretired said:

just an FYI, the lawsuits in NY City against the vaccine requirement in restaurants are using among other things violations of Hippa and ADA

Any idiot with the money or a willing ambulance chaser can sue for just about anything. Come back and discuss if they actually win their case 

[Turtles06]

1 hour ago, canderson said:

Just had an odd thought.  HIPPA rules with regard to the ship's infirmary.  What would HIPPA allow them to share, and with whom?

Is HIPPA even applicable to the infirmary of a foreign-flagged cruise ship? 

[opa&oma]

2 hours ago, dkjretired said:

Refusal to vaccinate is not a recognized disability but some people have underlying diseases that may cause them not to vaccinate that definitely are recognized disability. My next door neighbor has a form of MS that his doctors recommend no vaccination.

The hard fact for your neighbor is there can't be a cruise at this time.

[canderson]

4 minutes ago, Turtles06 said:

Is HIPPA even applicable to the infirmary of a foreign-flagged cruise ship? 

When it's at a U.S. port, making the turn for the next cruise (which is what I was considering)?  Good question.  

[neverlaysup]

4 hours ago, dkjretired said:

Some of these vaccinations requirements may be in violation of Federal laws. Cruise lines follow ADA as far as service animals, what if someone can’t get the shots for a medical reason and get denied boarding.  Could have another discussion on Hippa.

HIPPA only applies to health care employees/organizations from sharing or accessing your medical information. There are no HIPPA issues about somebody asking you your vaccination status.

Edited August 21, 2021 by neverlaysup

[Babr]

3 hours ago, Homosassa said:

What you are missing is a complete reading of first the Executive Order and then the Florida Law.

 

Read them. Carefully. Completely.

 

The answer is there in black and white which shows that Celebrity is legally allowed to asked for this information.

 

The other option is to search Cruise Critic. There has been numerous posts that explain the wording in the EO and Law.

 

 

 

No, I have not read the Executive Order or the law, but I have read several of the threads on the subject. This is the first time I’ve heard that it was perfectly legal all along for the cruise lines to require proof of vaccination.

 

Isn’t that what the Norwegian Cruise Line case is about?

 

[Homosassa]

4 minutes ago, Babr said:

No, I have not read the Executive Order or the law, but I have read several of the threads on the subject. This is the first time I’ve heard that it was perfectly legal all along for the cruise lines to require proof of vaccination.

 

Isn’t that what the Norwegian Cruise Line case is about?

 

Any cruise line at any point could have planned itineraries that included ports of call that required vaccination of the ship's passengers that necessitated checking proof of vaccination at the port of embarkation.

 

Providing of vaccination status in order to comply with public health mandates of health authorities was included in both the EO and in the Florida law.

 

NCL wants to do 100% vaccinated cruises without including a port of call where vaccination is mandated by local officials and doesn't want to have the voluntary providing of status and the headache of dealing with the unvaccinated on board.

 

 

[journeymore]

I booked a last minute, in the next three weeks cruise this past week. The celebrity agent asked if I was fully vaccinated because they are only taking bookings for fully vaccinated guest. 

[KKB]

4 hours ago, dkjretired said:

Some of these vaccinations requirements may be in violation of Federal laws. Cruise lines follow ADA as far as service animals, what if someone can’t get the shots for a medical reason and get denied boarding.  Could have another discussion on Hippa.

Oh, honey, HIPPA is only in regards to doctors & who they can share it with.

ANYONE can ask--but anyone can choose not to share.

Celebrity has already said, that is fine, but for the safety of crew & passengers if you choose not to share we assume you are unvaccinated & will require some things from you because of that.

FL law won't hold up in the long run--the NCL ruling confirmed that.

Still confused why the governor of a state so reliant on cruising would not do EVERYTHING possible to keep them happy & in business. COVID outbreaks will do nothing to help that & the cruise lines know it.

 

[canderson]

5 minutes ago, KKB said:

Still confused why the governor of a state so reliant on cruising would not do EVERYTHING possible to keep them happy & in business. COVID outbreaks will do nothing to help that & the cruise lines know it.

The cruise lines got caught up in a much larger issue for the State of Florida.  It's rare that legislators don't screw up with the 'law of unintended consequences', but yes, this is another example.

 

The objective was to prevent FLA cities from enacting just the sort of protocols that NYC put into place in the last week.  At least Florida's citizens don't have to worry about showing a vax card before entering a restaurant.