Ruling awaited on cruise vaccination lawsuit

US cruise lines are awaiting a decision in the mediation of a lawsuit that challenges the US Centers for Disease Control and Prevention’s authority to impose conditions, such as vaccinations for passengers and crew, before allowing cruise ships to sail.

Florida Attorney General Ashley Moody filed the lawsuit in April, backed by the state’s Governor Ron DeSantis. Texas and Alaska have joined the legal action. No cruise companies are involved as parties in the suit.

After hearing arguments last month, a federal judge in Tampa sent the case to mandatory mediation and appointed lawyer Joseph H. Varner III as the mediator. As of today, there appears to have been no resolution in the case.

The lawsuit claims that the CDC overstepped its authority when it issued a Conditional Sailing Order on 31 Oct. 2020, which stated that cruise ships had to meet specific safety protocols before they could operate. That order is set to expire on 1 Nov. 2021.

In April this year, the CDC issued new guidelines that would allow cruise ships to sail as early as July, but only if they could prove that 98% of their crew and 95% of their passengers had been inoculated against COVID-19.

The CDC says the Conditional Sailing Order is necessary to protect passengers and crew on board cruise ships, which experienced early outbreaks of COVID last year.

In a motion filed in court on Tuesday, 1 June, the CDC said it had already provisionally approved two conditional sailing certificates for highly vaccinated cruises. The CDC has also approved a number of simulated test cruises that do not require mandatory vaccines. The agency claims that this is an indication to mediators that it is working to get cruise back in operation.

The State of Florida argues that the CDC is unfairly targeting the cruise industry, and it is asking the court to declare the Conditional Sailing Order unlawful and prevent it from being implemented. The lawsuit states, “Florida asks this Court to set aside the CDC’s unlawful actions and hold that cruises should be allowed to operate with reasonable safety protocols”.

It notes if the court does not intervene, Florida “will lose hundreds of millions of dollars, if not billions. And, more importantly, the approximately 159,000 hard-working Floridians whose livelihoods depend on the cruise industry could lose everything.”

It also points out that 60% of all US cruise passengers embark at ports in Florida.

The lawsuit stated that during the pandemic, Florida’s ports have seen a decline in operating revenue of almost US$300 million, with that figure projected to be nearly US$420 million by July 2021.