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DeSantis/Florida wins prelim injunction over CDC


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Jump to the conclusion at the end...

Because of (1) Florida’s probability of success on the merits, (2) the imminent threat of irreparable injury to Florida, (3) the comparative injury depending on whether an injunction issues, and (4) the imminent and material threat to the public interest, Florida’s motion for preliminary injunction is GRANTED, and CDC is PRELIMINARILY ENJOINED from enforcing against a cruise ship arriving in, within, or departing from a port in Florida the conditional sailing order and the later measures (technical guidelines, manuals, and the like). However, the preliminary injunction is STAYED until 12:01 a.m. EDT on JULY 18, 2021, at which time the conditional sailing order and the measures promulgated under the conditional sailing order will persist as only a non-binding “consideration,” “recommendation” or “guideline,” the same tools used by CDC when addressing the practices in other similarly situated industries, such as airlines, railroads, hotels, casinos, sports venues, buses, subways, and others. (Docs. 45-4; 45-5;45-6; 46-4)

However, to further safeguard the public’s health while this action pends, CDC may propose not later than JULY 2, 2021, a narrower injunction both permitting cruise ships to sail timely and remaining within CDC’s authority as interpreted in this order. The motion for the proposed injunction must support the proposed terms with current scientific evidence and fully disclose — if unavailable to the public — scientific evidence, including methodology, raw data, analysis, and the like and the names and qualifications of the scientists participating in the study, modeling, or the like. If CDC moves under this paragraph, Florida must respond within seven days. A hearing will occur immediately after Florida’s response. Additionally, if circumstances materially change at any time, either party can request a hearing to modify this injunction, a hearing will occur immediately (within twenty-four hours, if necessary), and an order resolving the motion will issue immediately.

The parties are ordered to return to mediation before Magistrate Judge Anthony Porcelli at a time and place ordered by Judge Porcelli and in accord with the terms (including confidentiality) of the earlier mediation order (Doc. 51).

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21 minutes ago, AshleyDillo said:

preliminary injunction is GRANTED, and CDC is PRELIMINARILY ENJOINED

I don't really speak legalese, but my interpretation is that effectively this suspends the CDC from taking action against a ship for violating the CSO.  

21 minutes ago, AshleyDillo said:

However, the preliminary injunction is STAYED until 12:01 a.m. EDT on JULY 18, 2021  at which time the conditional sailing order and the measures promulgated under the conditional sailing order will persist as only a non-binding “consideration,” “recommendation” or “guideline,” the same tools used by CDC when addressing the practices in other similarly situated industries, such as airlines, railroads, hotels, casinos, sports venues, buses, subways, and others.

But only through midnight on July 17, 2021, and then the CSO basically becomes guidelines and not requirements?

 

21 minutes ago, AshleyDillo said:

However, to further safeguard the public’s health while this action pends, CDC may propose not later than JULY 2, 2021, a narrower injunction both permitting cruise ships to sail timely and remaining within CDC’s authority as interpreted in this order.

And this gives the CDC a deadline to step up with better guidelines...

21 minutes ago, AshleyDillo said:

The motion for the proposed injunction must support the proposed terms with current scientific evidence and fully disclose — if unavailable to the public — scientific evidence, including methodology, raw data, analysis, and the like and the names and qualifications of the scientists participating in the study, modeling, or the like.

...based on science, which the CDC excels at ?

21 minutes ago, AshleyDillo said:

If CDC moves under this paragraph, Florida must respond within seven days. A hearing will occur immediately after Florida’s response.

Then Florida can come back and tell the CDC that yet again their guidelines are out of touch with reality and we have another hearing.

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Does not do anything about Florida's vaccination passport ban.  

With the CSO seemingly neutered, cruise lines are free to apply their own requirements for cruising from Florida.  

It does eliminate the test cruise requirement for cruises after July 18 but it doesn't mean cruise lines will sail absent of any protocols.

No masks for vaccinated would be a great start.  

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9 minutes ago, ConstantCruiser said:

Doesn't help Freedom's initial cruises either.  She will still need a test cruise if she wants to sail July 2nd as planned and masks for everyone indoors (CSO based requirement) for the first two weeks at least.

Right but It doesn't look like the mask thing will be going away.

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19 minutes ago, smokeybandit said:

So what does it all mean for the cruise lines?

Probably nothing at this point, since there are still plenty of loose ends to tie up before July 18

Means that unless the CDC comes back attempting to narrow the injunction, then after July 18 they won't have the CSO hurdle to cross to get back into service.  It will only be a matter of logistics and trying to keep everyone safe and healthy and happy, which as you can see from various topics all over this messageboard, can be very polarizing.

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7 minutes ago, AshleyDillo said:

Means that unless the CDC comes back attempting to narrow the injunction, then after July 18 they won't have the CSO hurdle to cross to get back into service.  It will only be a matter of logistics and trying to keep everyone safe and healthy and happy, which as you can see from various topics all over this messageboard, can be very polarizing.

But that's still after July 18. Still a lot can happen between now and then. The judge even left the window open for both sides to settle things in mediation again (which seems futile). For right now cruise lines can't really act on much yet.

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13 minutes ago, ConstantCruiser said:

I *think* that is why the judge narrowed it to cruise ships arriving, departing and operating from Florida.  That way it doesn't impact Washington state and Alaska.

Okay whew...was beginning to get worried lol...hopefully that is the case.

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8 minutes ago, Cruising With JT said:

Okay whew...was beginning to get worried lol...hopefully that is the case.

The notion of this lawsuit preventing Alaska cruises was introduced by the CDC to cast shade on the lawsuit.  I think the judge saw through that and found a way to prevent that from happening.  However I'm not a lawyer and I don't play one in cruise forums. 

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16 minutes ago, smokeybandit said:

But that's still after July 18. Still a lot can happen between now and then. The judge even left the window open for both sides to settle things in mediation again (which seems futile). For right now cruise lines can't really act on much yet.

Remember the intent of this whole lawsuit by Florida was to point out the CDC was overstepping its authority.   It's a little late in the game for there to be a big, huge impact based on this order since they already are in the test sailings phase.

If you read through the order it even discusses that the CDC argued that Florida couldn't have suffered economic harm from the shutdown. If so they would have filed this motion when the CSO was originally ordered instead of waiting in good faith that the CDC would come through timely with the framework to get the cruise industry up and running again.

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Hmm I don't think many of the protocols will change until a few months from now. The industry is under a microscope, so they need to ensure things go as smooth as possible. Regardless of personal opinions, science says vaccines are a huge factor in regards to Covid.  Therefore they are tantamount to safe cruising and I think most cruise lines would prefer it to be 100%

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The 95% number keeps getting mentioned in various threads.  If I understand the situation, the 95% really didn’t come into play for FL cruises for the most part, as it was only to sail without the test cruises.  Once you do the test cruise doesn’t the 95% figure become irrelevant?

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