By Emma Nitzsche
On Friday, Florida’s attorney general pleaded with the Supreme Court to block the COVID-19 cruise ship restrictions outlined by the Centers for Disease Control (CDC).
Florida Attorney General Ashley Moody referred to a 31-page brief to argue that the CDC’s limits exceed the agency’s authority under federal law. According to Moody’s brief, the CDC has some power to quarantine infected passengers, but it cannot remake the entire cruise ship industry by imposing harsh regulations.
At the beginning of the pandemic, the CDC placed a temporary hold on all cruise trips. However, by October 2021, the federal agency issued a “conditional sailing order” which permitted cruise ships to host passengers under the condition that the staff followed strict health regulations.
Moody objected to the new rules that forced cruise ships to install specific ventilation systems and impose pervasive testing and reporting requirements. Additionally, the social distancing requirements throughout ships, including in outdoor areas, made it difficult for the cruise industry to book more passengers and provide an enjoyable experience for the people on board.
Florida counts on the cruise industry for a majority of its revenue. Over 159,000 Floridians work for cruise companies, and countless companies supply goods and services to passengers on board. Ten major cruise lines have their headquarters in Florida, and over 60% of people who boarded a cruise in 2019 did so in Florida. Unfortunately, the CDC’s guidelines have cost Florida tens of millions of dollars and have the potential to ruin the summer cruise season for the second year in a row.
A federal district judge had blocked the CDC from enforcing the restrictions in Florida. However, the U.S. Court of Appeals for the 11th Circuit put his ruling on hold, prompting the state to seek emergency relief at the Supreme Court. Once Florida filed the emergency request at the Supreme Court, the 11th Circuit surprisingly withdrew its earlier order and allowed the district judge’s ruling to take effect. The proposal was filed with Justice Clarence Thomas, who is assigned to handle emergency cases arising from Florida and surrounding states.
According to Bloomberg Law, the 11th Circuit’s new order halts the CDC’s pending appeal and makes the application filed with the Supreme Court moot.
In a press release, Florida Governor Ron DeSantis said, “I’m glad to see the 11th Circuit Court of Appeals reverse its prior decision and free the cruise lines from unlawful CDC mandates, which effectively mothballed the industry for more than a year. From here on out, a federal bureau will be on thin legal and constitutional ice if and when it attempts to exercise such sweeping authority that is not explicitly delineated by law.”
The Florida Supreme Court said the cruise industry could legally resume operations after the ruling was released last Friday.
