MIAMI —
A federal judge has temporarily blocked a Florida law that prevents cruise lines from requiring passengers to prove they are vaccinated against COVID-19, noting that the law appears to be unconstitutional and will likely not be upheld in court.
The law, enacted in May by Governor Ron DeSantis, prevented cruise companies from requiring their passengers to provide proof of vaccination. But federal judge Kathleen Williams ruled that the law does not protect medical privacy or prevent discrimination against unvaccinated people, but it does appear to violate the First Amendment rights of the Norwegian Cruise Lines company, she wrote.
In the nearly 60-page ruling issued Sunday night, the judge noted that Florida had not “provided a valid evidentiary, factual or legal basis” to prohibit the requirement of vaccination records. Norwegian has shown that suspending the requirement will endanger public health and could lead to “wide spread” events wherever passengers disembark, he wrote.
Separately, Florida sued the US Centers for Disease Control and Prevention (CDC) to try to block the implementation of federal vaccination requirements for cruise ships. The CDC lost an appeal, but made its guidelines non-binding, and all cruise lines operating in Florida have agreed to follow the CDC’s instructions on a voluntary basis, the judge added.
Current CDC guidelines, which are in effect through Nov. 1, state that cruise ships can re-sail with confirmation that at least 95% of passengers and crew members are vaccinated, Williams said.
The plaintiffs are Public Health Director Scott Rivkees and the Florida Department of Health. State Attorney Pete Patterson previously said the intent of the law is to prevent an invasion of privacy and discrimination against unvaccinated passengers.
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