Judge rules for Florida on CDC order blocking cruise ships
A federal judge on Friday ruled for Florida in a lawsuit challenging a U.S. Centers for Disease Control and Prevention order making it difficult for cruise ships to resume sailing due to the coronavirus pandemic.
U.S. District Judge Steven Merryday wrote in a 124-page decision that Florida would be harmed if the CDC order, which the state said effectively blocked most cruises, were to continue.
The Tampa-based judge granted a preliminary injunction that prevents the CDC from enforcing the order pending further legal action on a broader Florida lawsuit.
“This order finds that Florida is highly likely to prevail on the merits of the claim that CDC’s conditional sailing order and the implementing orders exceed the authority delegated to the CDC,” Merryday wrote.
Florida Attorney General Ashley Moody praised the decision in a statement Friday.
“Today’s ruling is a victory for the hardworking Floridians whose livelihoods depend on the cruise industry,” said Moody, a Republican. “The federal government does not, nor should it ever, have the authority to single out and lock down an entire industry indefinitely.”
While the CDC could appeal, Merryday ordered both sides to return to mediation to attempt to work out a full solution — a previous attempt failed — and said the CDC could fashion a modification in which it would retain some public health authority.
The CDC first flatly halted cruise ships from sailing in March 2020 in response to the coronavirus pandemic, which had affected passengers and crew on numerous ships. Then the CDC on Oct. 30 of last year imposed a four-phase conditional framework it said would allow the industry to gradually resume operations if certain thresholds were met.
Republican Gov. Ron DeSantis said in a statement that framework imposed onerous bureaucratic requirements on the industry, such as requiring a “vaccine passport” for passengers and that cruise ships conduct a simulated voyage before embarking passengers.
“The CDC has been wrong all along, and they knew it,” DeSantis said.
This is different than the argument between the Cruise ship's desire to make everybody have a vaccine passport to sail. That is still the law in Florida and the cruise ship industry will still have to decide if they can live with the Florida law.
This ruling merely says the CDC over stepped it's authority to regulate what the cruise ships can do with regard to sailing.
Another win for the per-assumptive Republican Presidential nominee in 2024. Not tired of winning in Florida!
