What Alabama’s COVID vaccine passport ban means for cruise trade

Barbara Robinson is vaccinated, but her husband Keith is not. The Mobiles are hoping to return to cruising, but there’s a lot of confusion over how that could play out.

Are the Robinsons being asked to provide evidence of this? COVID-19 Vaccination status before boarding? And if Keith doesn’t stay vaccinated, will he be told to go home?

“I feel like my health is private and no company can inquire about my health to see if I can work or vacation,” said Keith Robinson, 54. “I feel like the CDC is in Regarding the cruise industry pushes the boundaries. “

Alabama legislation banning so-called “vaccination passes” is unlikely to help Robinson or anyone stepping out of Mobile.

The bill’s sponsor, Senator Arthur Orr, R-Decatur said AL.com this week that he was informed that SB267 does not anticipate the federal regulations of the United States Centers for Disease Control and Prevention. The Federal Admiralty Act also mandates that cruise ship owners and operators give their passengers reasonable care, which remains a focus of the cruise industry following the coronavirus outbreak on board ships during the pandemic outbreak in early 2020.

‘Let’s wait and see’

Alabama Governor Kay Ivey has yet to sign the legislation approved by Alabama lawmakers on Monday. ‘

But next door in Florida, a similar new bill signed by Republican Ron DeSantis is sparking a dispute over the reach of federalism and whether the Centers for Disease Control and Prevention should give in to the wishes of state lawmakers. The Florida dispute has also gone to court, with at least one cruise line threatening to pull their ships out of the Sunshine State.

At Mobile, the state’s only presence in the cruise industry, officials are convinced No proof of vaccination is required for the Carnival Cruise Line once the cruise resumes. You are referring to an interview with the company’s CEO, Christine Duffy, NBC Nightly News host Lester Holt told Monday That she has concerns about the cruise industry being singled out by the CDC.

“There is no mandate for any other company to meet this requirement,” Duffy said during the interview. She said the company is encouraging everyone to get vaccinated, but added that “we don’t want to be treated any differently from any other part of travel tourism, entertainment or society.”

Children under the age of 12 are also not yet eligible for a COVID-19 vaccine, and Duffy said they are “a big part of the cruise experience on a family vacation” over the summer. She said the CDC’s current protocols would prohibit cruise lines from having children under the age of 12 on board.

David Clark, President & CEO of Visit Mobile, said he believes Mobile has a good chance of resuming cruising “sooner rather than later” and that the city and cruisers need to be “stuck” while the problem continues unfolds. He said the CDC’s abrupt decision last week not to require vaccinated people to wear masks in most situations suggests changes the cruise line agency may consider.

A change came last week when the CDC decided that cruise lines are not required to test fully vaccinated passengers before starting a voyage or after returning to port. Unvaccinated passengers like Keith Robinson would need to be tested before boarding a ship and between all other voyages. If an unvaccinated person comes across a confirmed case of COVID-19, they will need to be tested for two weeks and possibly quarantined.

Cruises were largely suspended from March to October 2020 as part of the CDC “No Sail Order” regulation. On May 5, the CDC updated its guidelines allowing cruise lines to conduct test trips with volunteers to ensure virus prevention protocols are working. However, the CDC also allows companies to skip the test sails if they can confirm so 95% of the passengers and 98% of the crew were fully vaccinated against COVID-19.

“We’ll have to see what happens and continue to work with staff from the CDC and health departments,” said Clark. “It’s a moving target every day.”

“Prevention of Constitutional Law”

Florida Governor Ron DeSantis gestures during a press conference held at the Manatee County’s Emergency Management Office in Palmetto, Fla. (AP Photo / Chris O’Meara) on Sunday, April 4, 2021.AP

However, Florida’s vaccination card ban is widespread in the cruise industry.

The CEO of Norwegian Cruise Line Holdings, the world’s third largest cruise company, threatened earlier this month that cruise ships would be relocated from Florida if the state ban were enforced. DeSantis shot back, calling Norwegian a small player in the cruise industry. He also said the state law banning vaccine requirements for cruise lines applies.

Norwegian Cruise Line Holdings is the parent company of Norwegian Cruise Line, Oceania Cruises and Regent Seven Seas Cruises. The company operates from four ports in Florida, but not from Alabama.

Florida also has lawsuits pending against the CDC and the US Department of Health for its contracts involving the cruise industry. Florida State and Federal

Stewart Chiron, a cruise industry analyst also known as “The Cruise Guy,” said federal law will replace state law when it comes to cruise lines sailing in international waters.

“Airlines fly to many international destinations that require proof of vaccination,” said Chiron. “For example, US travelers traveling to the European Union must provide proof of vaccination in order to board a flight. The same applies to cruise ships. “

Benjamin McMichael, assistant professor of law at the University of Alabama School of Law, said the issue will be limited to how the CDC ultimately regulates the industry and what kind of wording the agency uses to determine if state law applies to cruise passengers .

“If the CDC says, ‘It’s a good idea to get vaccination records,’ and a state says it’s illegal, then the state wins,” McMichael said. “If the CDC says something stronger, they can prevent state law. Congress can also get involved in getting vaccination records and then you have clear exemptions. “

However, the Biden administration has signaled that it wants to plan the implementation of a federal vaccination pass program.

McMichael added, “The government has more authority over the law of the sea than other areas, and this obviously falls under the law of the sea.”

The first “Conditional Sail Order” issued by the CDC on October 30th, describes the authority the CDC has under federal law. As part of the engagement, the CDC found that the measures taken by state and local health authorities to address COVID-19 aboard cruise lines were “insufficient to prevent further interstate spread of the disease”.

The order continued, “Cruise ships are inherently interstate and international and can go beyond the jurisdiction of a single state or local health authority. Federal intervention is required to call for public health action to prevent the further introduction, transmission, or spread of COVID-19 via cruise lines worldwide and in U.S. communities. “

‘CDC Roadblock’

Surrounded by Azalea Trail Maids, Mobile Better Times: Mayor Sandy Stimpson announced on Monday July 31, 2017 that Carnival Cruise Line has agreed to a one-year contract extension with the city. (Lawrence Specker/LSpecker@AL.com)

Pressure on the CDC to relax its restrictions on the cruise industry comes at a time when US vaccination rates are rising and coronavirus-related outbreaks have declined sharply. But Alabama’s vaccination rate is 28% among the lowest in the country and is lower than any other state in the US with a presence in the cruise industry. Mobile County’s vaccination rate is even lower at 26%. Cities with cruise lines in Florida have comparatively much higher vaccination rates for all residents in Florida, Louisiana, and Texas. In Charleston County, South Carolina, 41% of all residents are vaccinated.

South Carolina and Texas are among the states with a vaccination certificate ban. Alabama could be next with SB267 legislative approval if Ivey signs SB267 into law.

Clark said for Mobile the goal is to get the cruise ship back to the Alabama Cruise Terminal to continue the voyage. The city will welcome the Carnival Sensation, an upgraded Fantasy-class ship originally launched in 1993. The ship can carry more than 2,000 passengers per sail, and the return of cruising would fuel the economy of mobile, where the industry employs hundreds of people in direct and indirect jobs.

The presence of a cruise ship in Mobile is also an economic godsend for the city. The Carnival Fantasy, which sailed from Mobile from 2016 until the start of the pandemic, generated approximately 25,000 hotel room nights per year. With an average hotel rate per room of $ 110 per night, hotel accommodation income has been approximately $ 2.5 million per year.

The industry is also helping with paying mobile bills. According to the mayor’s office, the cruise terminal brought gross revenue of $ 3.1 million to the city in fiscal 2020, down from $ 5.9 million in fiscal 2019. The city’s fiscal year runs from October 1 to September 30. Operating costs continue The fiscal year was approximately $ 2.1 million, bringing the city to net sales of $ 1.07 million. However, that revenue was insufficient to cover the city’s typical debt service payments at the cruise terminal, which are $ 1.8 million per year. The bond at the cruise terminal, which opened in 2004, will not expire until 2030.

The strong economic blow to the industry is one of the reasons Mobile City officials gathered outside the GulfQuest Maritime Museum last Friday cheerfully welcomed the arrival of the Carnival Sensation in Mobile, allowing approximately 110 crew members to receive a COVID-19 vaccine on board from the USA medical doctor.

Mobile Mayor Sandy Stimpson described the CDC’s restrictions as “onerous” for the industry, and Chiron – “The Cruise Guy” – said the cruise industry wants to sail again and is working “to break the CDC roadblock.”

Robinson said he just wants to be able to understand what will happen next in terms of oversight of the cruise industry.

“They relax wearing masks in restaurants, grocery stores, etc. and tell the cruise lines that they need to be 95% vaccinated,” he said. “If I want to go on a cruise, I know the risks before I go on board and I have accepted those risks.”

He added: “My wife and I have been cruising regularly since 2004 and have never gotten sick on board.”

Related content:

No sail, big worries: CDC stop on cruises causes discomfort in Alabama

Whitmire: Alabama’s vaccination card ban is a ticket to nowhere

Lawmakers want to change the way Alabama handles future lockdowns