Florida to appeal Norwegian Cruise Line’s preliminary injunction on proof of vaccination
By Dave Sébastien
Florida will appeal a federal judge’s decision to side with Norwegian Cruise Line Holdings Ltd. for now.
U.S. District Judge Kathleen Williams in Miami on Sunday granted the cruise line’s request for a preliminary injunction preventing the application of the Florida ban on its ships departing from the state. In July, the company sued Florida Surgeon General Scott Rivkees in U.S. District Court for the Southern District of Florida.
“We do not agree with the judge’s legal reasoning and will appeal to the Eleventh Circuit Court of Appeals,” the spokeswoman said. “A ban on vaccine passports does not even imply, let alone violate, anyone’s right to expression, and it reinforces the substantial local interest in preventing discrimination among clients on the basis of health information. private. “
Norwegian requires passengers and crew to be fully vaccinated before first departures. The company, in its lawsuit, argued that restricting the flow of information – in this case, requiring vaccine documentation – affects the freedom of speech protected by the First Amendment. He also said the Florida ban disrupts the flow of interstate and international commerce, in violation of a part of the U.S. Constitution that gives Congress sole power to regulate interstate commerce.
Judge Williams said in her order that Norwegian would likely be substantively successful in showing that the ban places a burden on interstate commerce, as many of the ports it plans to navigate have vaccination requirements. She also said the company was likely to prevail over her First Amendment claim.
Norwegian has “demonstrated that public health will be jeopardized if he is forced to suspend his vaccination requirement,” Judge Williams said. She said Dr Rivkees had not provided evidence showing the ban was effective in protecting the privacy of Florida residents or preventing discrimination against unvaccinated people.
The Florida Department of Health is not commenting on pending litigation, a spokeswoman said.
Norwegian stocks fell around 3.7% to $ 23.97.
Write to Dave Sebastian at [email protected]