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Norwegian sues Florida over mandatory vaccine ban


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On 7/16/2021 at 5:25 AM, twangster said:

Don't forget their sage advice not to kiss chickens recently.  That was a close call.  

People are literally "rescuing" wild squirrels and bringing them indoors on my nextdoor feed. We do collectively make some dumb decisions from time to time.

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On 7/16/2021 at 5:25 AM, twangster said:

Don't forget their sage advice not to kiss chickens recently.  That was a close call.  

It is easy to try and make fun of the CDC on issues like this, especially when you don't add the context.  There has been a salmonella outbreak, and while you might not know it, many people have chickens that they keep as pets, and they pick up chickens from their flocks and treat them as many would treat dogs.  The full sentence, out of a much longer document was 

  • Don’t kiss or snuggle backyard poultry, and don’t eat or drink around them. This can spread Salmonella germs to your mouth and make you sick.

So don't be so quick to make fun of an orginazation just doing it's job. You may not believe this, but there are a lot of people who can't understand what the CDC's job is and tend to ignore them if they are too general or even when they are very specific.  Even when there are things that people with simple common sense should do or not do, the CDC has to tell them, and many still can't figure it out.

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Other CDC recommendations:

1. Dont eat raw dough

2. FDA recommends ground beef cooked to 155 degrees CDC says 160

3. No runny eggs. "Cook eggs until the yolks and whites are firm."

4. If you are a woman you shouldnt have more than 1 alcoholic drink a day, men get 2 alcoholic drinks a day. (so much for that drink package)

5. Make sure you are supervising your children so their pets dont lick their faces

6. Steaks should not be cooked to less then medium temp. 

7. Throw out food left unrefrigerated after 2 hours

8. No sushi. 

Should the cruise lines follow all the above CDC recommendations as well? 

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On 7/27/2021 at 8:06 PM, dswallow said:

The State of Florida filed their response to NCLH's motion for preliminary injunction.

Norwegian Cruise Line Holdings Ltd et al v. Rivkees, M.D. (1:21-cv-22492) (2150.com)

NCL has filed their reply to Florida's response: https://storage.courtlistener.com/recap/gov.uscourts.flsd.596136/gov.uscourts.flsd.596136.35.0.pdf

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10 minutes ago, Matt said:

If I'm reading this right, it sounds like NCL's response is all about fighting a change in venue?

Correct, https://www.2150.com/files/cc/1-21-cv-22492-KMW-CMM/36_051123645646_ResponseInOpposition.pdf is a response to https://storage.courtlistener.com/recap/gov.uscourts.flsd.596136/gov.uscourts.flsd.596136.28.0.pdf

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FYI: The preliminary injunction hearing scheduled for August 6, 2021 at 10:00 AM will be conducted by videoconference. Interested members of the public are welcome to observe the proceeding.

Details for access can be found at: https://www.courtlistener.com/docket/60053753/norwegian-cruise-line-holdings-ltd-v-rivkees-md/#entry-41

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14 minutes ago, CGTLH said:

FYI: The preliminary injunction hearing scheduled for August 6, 2021 at 10:00 AM will be conducted by videoconference. Interested members of the public are welcome to observe the proceeding.

Details for access can be found at: https://www.courtlistener.com/docket/60053753/norwegian-cruise-line-holdings-ltd-v-rivkees-md/#entry-41

"Observers are reminded of the general prohibition against photographing, recording, live streaming and rebroadcasting of court proceedings."
Isn't watching it on zoom technically live streaming?

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14 hours ago, smokeybandit said:

"Observers are reminded of the general prohibition against photographing, recording, live streaming and rebroadcasting of court proceedings."
Isn't watching it on zoom technically live streaming?

This is the government, i still have to fax them documents because they don't recognize any of the superior forms of communication invented since then ... even when they email me the request to fax them the completed paperwork.

?‍♂️

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One argument is that schools can require vaccines. Another that can easily be refuted since there are ways to still attend school without vaccinations, just you have to fill out extra paperwork.

 

Challenging the law is a good thing to challenge, but NCL sure isn't giving any compelling reasons why it should be shot down. The lawyer just keeps jumping all over the place in his arguments.

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41 minutes ago, smokeybandit said:

Challenging the law is a good thing to challenge, but NCL sure isn't giving any compelling reasons why it should be shot down. The lawyer just keeps jumping all over the place in his arguments.

It seems NCL has two primary arguments: first amendment and commerce clause

Florida is essentially arguing the CDC is out of place, not that their state law is legal or not.

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5 hours ago, smokeybandit said:

Hearing is over.

 

Neither side presented a good case. I don't envy the judge.

I didn't see the show but the Judge can sidestep a ruling on the merits (which Merryday didn't in FL v. Bacerra - he ruled and wrote that FL won). He can limit his ruling to an interpretation of the law and then cite applicable precedent. 

This is the first test case of a state's right in a PHE to ban what amounts to a business's rights under EEOC. I know the law, i.e., a business has an ethical, moral and legal right to impose rules that create a safe environment for employees and customers as long as they aren't discriminatory.

What I don't know is on what legal basis FL claims it has the legal authority to ban businesses operating in the state from asking for proof of vaccination to enter or receive services. It's not clear that the state does not have that right. 

We'll see.

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46 minutes ago, JeffB said:

What I don't know is on what legal basis FL claims it has the legal authority to ban businesses operating in the state from asking for proof of vaccination to enter or receive services. It's not clear that the state does not have that right. 

As a former political science geek, I'm kind of hoping this becomes a great con law precedent. Given that (a) cruising is, by definition, international commerce and (b) the Constitution specifically gives Congress the authority to regulate such, is there wiggle room in that for a state to put in regulations of their own? My hunch is there will be a more narrow ruling, but I'd love to geek out reading a ruling that, one way or the other, sets a precedent on state oversight of cruising. ?

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