The state of Florida has filed a lawsuit against the United States and the Centers for Disease Control and Prevention, claiming that the health agency’s guidelines for the shipping industry are ‘arbitrary and fickle’ and should be immediately called ‘illegal’.
“Florida is fighting back today,” said Gov. Ron DeSantis (R) in Florida on Thursday at a news conference in Miami’s seaport in which he announced the matter. ‘We do not believe that the federal government has the right to mot a major industry for more than a year, based on very little evidence and very little data. And I think we have a good chance of success. ”
The lawsuit comes days after the CDC released updates to its conditional sailing order (CSO), calling the shipping industry ‘unnecessarily cumbersome’ and ‘largely unworkable’.
The April 2 CSO update instructs cruise lines to implement COVID-19 crew testing and increase the frequency of incident reporting on board from weekly to daily. It also requires cruise lines to draw up contracts with port authorities and local health authorities to ensure that the necessary co-operation and infrastructure are in place to deal with outbreaks on board if they occur. Although the order does not require vaccination for everyone on board, it is recommended.
Under the CDC’s framework for the CSO, cruise operators will have to make ridiculous trips with volunteers once all the measures have been put in place. If all goes well, they will then have to apply for a “conditional sailing certificate”.
Even with the framework set out, it is unclear when the CDC will issue sail certificates or whether the CSO will lift completely. Currently, the CSO will expire on November 1, 2021, unless the CDC director repeals it or makes other amendments.
Voluntary requirements
At the press conference Thursday, DeSantis called the CSO “ridiculous” because it required cruise operators to “do all these other things.” Cruise industry officials said they had devised their own protocols, which they said were sufficient to protect people from COVID-19 at sea. The protocols largely involve imposed health measures as well as mandatory vaccinations for crew and adult passengers.
Frank Del Rio, CEO of Norwegian Cruise Line Holdings, wrote in a letter to CDC director Rochelle Walensky on Monday: ‘By demanding the full and complete vaccinations of guests and crew, the company believes it shares in the spirit and surpasses the intent of the CDC’s conditional sailings. Order … “
However, it is unclear how the shipping industry will apply vaccination requirements in the state of Florida. The day the CDC issued the CSO updates, DeSantis issued an executive order banning businesses from requiring customers to provide proof of vaccination against COVID-19. And a significant portion of the U.S. population has so far shown resistance to being vaccinated. A recent NPR / Marist poll found that 25 percent of Americans said they would completely refuse a COVID-19 vaccine.
Nevertheless, the use of highly effective vaccines is the key to the state’s legal argument against the CSO. The lawsuit points out that much has changed since the CSO was initially issued on October 30, 2020, including that there are now a number of FDA-approved vaccines available. “The lawsuit further states”[d]intercepting the virus, and those who would shut down society indefinitely, people travel again. They do it safely with protective measures such as vaccines … ”
Mutiny at sea
In general, Florida claims that the CDC’s leadership is ‘arbitrary and whimsical’. Furthermore, the reasoning of the CDC is ‘inadequate’ and the federal government ‘did not declare their difference in the cruise industry compared to other industries’, such as air travel, the case reads. According to the lawsuit, the guidance is “nothing more than an extension of a restraining order.” As a result, “Florida will lose hundreds of millions of dollars, if not billions.”
At a press conference on Thursday, Jen Psaki, White House press secretary, said the government did not have a direct response to a lawsuit or comment on a specific lawsuit, but I would just like to reiterate that the CDC guidance is based on data and health. and medical guidelines, which is why they put it off and that they update it regularly. ”
In announcing the CSO updates, the CDC noted how difficult it is to prevent outbreaks of infectious diseases on the densely packed, many social ships that follow for days to weeks. “It is difficult to act safely and responsibly during a global pandemic,” the agency wrote. “While the voyage will always pose a risk of COVID-19 transmission, the following phases of the CSO will ensure that the cruise ship’s passenger operations are conducted in a manner that protects crew members, passengers and port staff, especially with emerging COVID 19 variants that are worrying. ”