Norwegian Cruise Line Sues Florida Surgeon General Over 'Vaccine-Passport' Ban

[In It to Win It]

The Wall Street Journal

Norwegian Cruise Line Holdings Ltd. has sued Florida’s surgeon general, challenging the state’s barring of businesses from requiring proof of Covid-19 vaccination and intensifying the standoff between the company and Florida.

The cruise operator is sticking with its policy to require full vaccinations for all crew and passengers, including children, for initial sailings through Oct. 31 after more than a yearlong hiatus and billions of dollars in losses. That policy, if maintained in Florida, would result in the company being fined up to $5,000 for each passenger affected, it said.

The Miami-based company filed the lawsuit Tuesday against Scott Rivkees, the state surgeon general, in the U.S. District Court for the Southern District of Florida. Norwegian asked the court to block and declare unlawful the enforcement of the ban on requiring proof of vaccination. Norwegian only sued Dr. Rivkees because he is the state official who has authority to enforce the ban, according to the company’s complaint.

[ProfessorGAC]

1. Surprised It Took This Long

I'm not a lawyer, but this seems a tricky legal situation.
The boats are private property, so their rules apply.
But, the ports are the state's to control.
And, there are regs about business operations in every state.
That said, a law to force a company to take GREATER risk seems inherently wrong.

[Aristus]

10. Let's see how long the ports last without those lucrative port fees.

n/t

[ProfessorGAC]

11. Good Point

Now, who can hold out longer with reduced revenues in this game of economic chicken?!?

[Ms. Toad]

14. It is a non-discriminatory state law that burdens commerce.

So it can be invalidated only if the burden on interstate commerce outweighs the promotion of legitimate local interests.

(I don't know that they are making a dormant commerce clause argument - but that's the first argument I'd raise.)

[ProfessorGAC]

20. I See

But, if the law requires a company to increase its exposure to liability & lessen safety & health protocols for staff, what would be the impact?

[Ms. Toad]

26. That might play a role - but not directly.

A relatively classic example is Iowa's ban on double trailers on its highways.

Legitimate local interest - preservation of highways (and the resources needed to fix them)
Undue burden on interstate commerce - double trailers going into or out of Iowa either had to go around Iowa completely (doubling, or so, the mileage across Iowa) - or pulling about the double trailer and adding another cab to pull it through Iowa. Iowa lost.

Here - the burden is that it will close off the port (a major interstate and internatonal commerce route) to cruise ships (and others) who will be unable to protect the health and safety of staff and passengers if they cannot confirm vaccination status. Such businesses might be forced to chose between a limited selection of other ports (impairing interstate commerce) and going out of business.

The local interest is harder to state - but essentially it is to ensure that residents who cannot or will not obtain vaccinations or supply vaccination documentation have full access to businesses operating in the state. As to cruises, this is a relatively silly argument, since the cruises may impose significant surcharges - testing; mandatory supplemental health insurance - or go elsewhere, both of which will make cruises less accessible to the unvaccinated.

Here's the complaint: https://storage.courtlistener.com/recap/gov.uscourts.flsd.596136/gov.uscourts.flsd.596136.1.0.pdf

The dormant commerce clause is one of 4 arguments the complaint makes.

[WHITT]

2. And We're Off

There would have to be liability issues with their insurance carrier.

[Under The Radar]

3. Why the surgeon general? Why not sue the Governor that created the ban?

[bluestarone]

4. My thoughts as well!

[In It to Win It]

5. I'm not a lawyer but this is not just a ban created by executive order

It’s a ban created by legislation, and I’m assuming enforcement of that legislation is the responsibility of the state’s Surgeon General, so they’re suing the Surgeon General.

[Under The Radar]

9. Surgeon General don't pass the legislation

Nor did he sign the bill into law.

[In It to Win It]

17. My understanding is that if you want to sue the government for a particular law or rule

that they are enforcing or imposing, you would sue the particular agency responsible for enforcing the rule or law.

[Ms. Toad]

15. They are suing for injunctive relief -

to enjoin him from enforcing the law (he's the only one authorized to enforce it).

[Under The Radar]

21. Well that makes sense. Thank you

[malaise]

6. Good

Rec

[Under The Radar]

7. They are a private company and have not discriminated

….against any customer based on the race, sex, religion or sexual orientation. That’s all the state can concern themselves with.
If they revoke docking privileges then they must show probable cause to cancel the contract with the Cruise Line.

[genxlib]

8. Here's a thought

Just put them on a tender and send them home when they reach international waters.

They are violating ship policy and I don't see how the state of Florida could stop them

[Yavin4]

13. I would throw them over board

But I don't want to be responsible for sharks getting covid. That would be unfair to the sharks.

[genxlib]

16. I started with that

But edited myself.

Maybe I should have stuck to my original thought.

[Chainfire]

12. Once again, the all knowing Republican government wants to tell private business how to run

their cruises. I thought that the party of the Ass professed to be about less regulation. The cruise industry needs to ditch Florida and make Savannah or Mobile the next Miami until DeSantis gets the message.
.

[Buckeye_Democrat]

19. Mobile AL is not an option.

https://www.huschblackwell.com/newsandinsights/50-state-update-on-pending-legislation-pertaining-to-employer-mandated-vaccinations#linktojump1

Alabama

(Signed into Law):

Senate Bill 267 prohibits local and state government entities from issuing vaccine passports or requiring an individual to receive an immunization as a condition for receiving government benefits or services. The Bill also does not allow private businesses to refuse goods or services or deny persons admission because of their immunization status or lack of documentation of immunization. The Bill permits educational institutions to continue to require students to receive vaccinations that were required by the institution as of January 1, 2021, provided there is a medical and religious belief exemption. The Bill was signed into law on May 17, 2021...

Lots of Republican states have pending bills of a similar nature.
https://www.axios.com/republicans-coronavirus-vaccines-discrimination-law-states-533503fb-fa83-43d0-bd51-2d614483d241.html

[LetMyPeopleVote]

18. This will be fun to watch

[Hekate]

22. I'm sure there's some other state willing to work with the cruise line. It's a long coast, after all

[Vogon_Glory]

23. Save possibly for Louisiana, not out of the Gulf

Mississippi, Alabama, and Texas are all solidly under Republican control. Texas’ Governor Abbott seems hell-bent on copying DeSantis’ worst ideas.

Louisiana might—possibly—be an exception, but even if the current Governor is a member of Team Donkey, isn’t their legislature Republican-controlled? We saw what Republicans can do to public health initiatives in Wisconsin and Michigan.

[Hekate]

25. I was thinking maybe an Atlantic port further North. nt

[oldsoftie]

24. Just come up & dock in Savannah.

I doubt Kemp will go as far as DeSantis in interfering in the operation of a private business.
What Norwegian is doing is perfectly legal & even Constitutional