Court blocks Florida's lifting of federal rules on cruise ships

A 132-night world cruise sold out in under three hours at prices that start at $73,499 per guest and go to $199,999 per person for a master suite. That cruise is set for 2024 from Miami, but for now cruise ships in Florida aren't going anywhere as federal restrictions stay in place.

A federal appeals court has sided 2 to 1 with the Centers for Disease Control and Prevention (CDC) in its legal battle with Florida over COVID-19 guidelines for cruise lines.

The decision handed down Saturday by the 11th Circuit Court of Appeals judges stays a US District Court judge's decision — 10 minutes before it would have gone into effect — that the CDC couldn't enforce its framework for the return of cruises.

Florida had been granted a preliminary injunction that could render CDC restrictions on cruising to and from the state as optional guidance starting this month.

Last month's ruling by Judge Steven Merryday said, "Florida is highly likely to prevail on the merits of the claim that CDC's conditional sailing order and the implementing orders exceed the authority delegated to CDC."

The CDC in May began approving some cruise operations after lengthy talks with the industry about health and safety protocols.

Its conditional sail order said cruise lines that ensured at least 95 percent of passengers and nearly all crew were vaccinated could bypass simulated voyages and move more quickly to resuming commercial trips.

The Justice Department said last week in a filing with the appeals court that "there is no basis to lift the COVID-19 health and safety protocols that were developed by (CDC) in collaboration with the cruise ship industry".

The CDC said keeping the rules in place would prevent coronavirus outbreaks on ships that are vulnerable to the spread of the virus because of their close quarters and frequent stops at foreign ports.

"The undisputed evidence shows that unregulated cruise ship operations would exacerbate the spread of COVID-19, and that the harm to the public that would result from such operations cannot be undone," the CDC said in a court filing.

Attorneys for Florida urged the 11th Circuit to reject the CDC request to keep its rules intact.,

"The equities overwhelmingly favor allowing the cruise industry to enjoy its first summer season in two years while this court sorts out the CDC's contentions on appeal," Florida's lawyers argued.

Florida Governor Ron DeSantis and state Attorney General Ashley Moody did not immediately comment on Sunday. DeSantis had argued the CDC rules disregarded "the freedom of Floridians to make decisions for their families".

Florida, a major hub for cruise operators, said in April that its ports had suffered a decline in operating revenue of almost $300 million since the pandemic started.

On July 13, Norwegian Cruise Line Holdings sued the state of Florida saying a state law was preventing it "from safely and soundly resuming passenger cruise operations" from Miami starting Aug 15. A judge has set an Aug 6 preliminary injunction hearing.

Florida state law expressly prohibits cruise lines from requiring documentation of COVID-19 vaccines.

In March 2020, the CDC halted cruises and has since laid out a four-phase framework allowing cruise lines to resume operations under specific conditions. Florida filed a lawsuit claiming the process to allow cruising from the state is overly burdensome, harming the multibillion-dollar industry and revenue collected by the state.

As for the nearly five-month world cruise to 31 countries on the Seven Seas Mariner, it sold out on July 14. Sailing date: Jan 6, 2024.