Norwegian Gem on their first cruise from PortMiami in August 2021 (NCL)

Published October 6, 2021 4:58 PM by


The maritime executive

Florida’s battle with the cruise industry to restrict cruises to passengers vaccinated against the COVID-19 virus is heating up again. The government of Governor Ron DeSantis is trying to overturn an injunction issued in August by Norwegian Cruise Line Holdings (NCLH) that allowed them to request proof of vaccination from passengers.

In documents filed in the U.S. 11th Court of Appeals on Monday, October 4th, the state is asking the court to overturn U.S. District Judge Kathleen Williams, who in August granted the NCLH an injunction against Florida law that Company prohibited proof of vaccinations. the so-called vaccination certificate. DeSantis argues that the Florida court is imposing rules in other jurisdictions. The government says it has the sovereign power to “protect the personal freedoms, privacy and health of its citizens”.

In March 2021, Governor DeSantis issued an executive order banning the use of vaccine passports, followed by the signing of a bill a month later that codified the ban, as well as restricting the use of bans and other measures to combat the spread of the virus. In a separate lawsuit, the state also filed a lawsuit against the U.S. Centers for Disease Control and Prevention to lift the CDC’s restrictions on cruises from Florida ports.

Norwegian Cruise Line Holdings filed a federal lawsuit against the ban and received the injunction in August. The judge who granted the motion said the Florida ban is likely to be found unconstitutional because it violates free speech laws. She cited problems in the law that allowed cruise lines to ask about vaccination status and get verbal confirmation that would still allow them to discriminate against unvaccinated people.

Florida argues in its new filing that freedom of expression is not violated in the First Amendment, as the law only affects denial of service. “The impact of executive order is more on what companies can do than what a company can or can’t say,” Florida says. They write that Norwegian Cruise Line may still be able to request documents from their customers and provide them voluntarily and that the cruise line and its passengers are free to discuss the matter. “What a lot of Norwegians don’t do is refuse service to customers who don’t provide this documentation.”

Upon receiving the restraining order in August, NCLH issued a statement stating, “We are delighted that Judge Williams saw the facts, law and science as we did and granted the Company’s restraining order, which allows us to cruise Florida with 100 percent vaccinated guests and crew, ”said Daniel S. Farkas, Executive Vice President and General Counsel of Norwegian Cruise Line Holdings Ltd in the best interests of the well-being of our guests, crew and communities we visit to do our part as responsible corporate citizens to minimize the further spread of COVID-19 as much as possible as we gradually bring our ships back into service. “

The company did not immediately respond to news of Florida’s recent appeal. In September CEO Frank Del Rio told Yahoo! Finance, “What does common sense need to govern?”

Norwegian Cruise Line resumed service from PortMiami on August 15, with Norwegian Gem offering cruises to the Caribbean and Bahamas for fully vaccinated passengers. The cruise line recently resumed service from New York City and more ships are expected to resume operations in North America later this fall.