Brevard County, Florida ping.Let me know if you want on or off this ping list.
(not associated with the county government)
Posted on 05/18/2021 2:18:05 PM PDT by Capt. Tom
There has finally been a decision on Florida’s lawsuit against the US Centers for Disease Control and Prevention (CDC) and the Biden Administration on restarting cruise operations. However, it’s not a clear decision, and the two parties will have to work things out between them due to the judge ordering a mediation.
Judge Orders Mediation Between CDC and Florida After several days since the CDC and the State of Florida, with the support of Alaska and Texas, had their day in Federal Court on May 12, we now have a new development.
Judge Steven D. Merryday has not chosen to allow cruises to restart or even sided with the CDC. Instead, the judge has ordered a mandatory mediation which means the two sides will have to resolve their differences. This will have to take place no later than June 1, and it will be mediated by lawyer Joseph H. Varner III as appointed by the court.
It’s probably not the news the cruise industry and the states wanted to hear, as it only extends the unknown and keeps cruise ships on hold. The state of Florida, which filed the lawsuit against the CDC in April, has been heavily impacted by the CDC’s No-sail Order and then the Conditional Sailing Order that was first introduced at the end of October 2020.
Cruise Suspension Impacts Florida, Alaska, and Texas Florida is fighting to restart an industry that it heavily relies on. In the first six months of the pandemic, losses due to the cruise suspension totaled $3.2 billion across the state, along with 49,500 jobs paying $2.3 billion in wages.
On April 20, Alaska joined the lawsuit, and the state lost $3 billion due to the cancellations of cruise ship visits to the region. A major factor is the Passenger Vessel Services Act, where passengers ships must visit a foreign port if sailing out of the U.S. With the Canada cruise ban until 2022 cut off the vital income needed. However, there has been more positive development with a new bill passed in the senate.
Then, in early May, even the state of Texas joined in as the Port of Galveston has also been impacted by the cruise shutdown.
It will all now have to be resolved between them in the hope of getting cruises moving again. The CDC has already started discussions with cruise lines to work on a safe return of operations in July. Just yesterday, Carnival Cruise Line president and CEO Christine Duffy said they were in active discussions with the CDC.
The CDC has released its technical instructions that cruise lines have to work through to begin sailing, but many, including state officials, have called the guidelines largely unworkable and absurd.
The good news is that the agency is making changes to the instructions to make it easier. Just days ago, the details on testing were clarified with several new sections added. It does all push towards full vaccinated sailings, so we’ll have to see how it all plays out in the coming weeks.
I bet the CDC capitulates. CDC will not do well in courts because facts do not support it’s ban on cruises.
Still hoping my cruise in September will sail. I am totally cruise starved. No cruise for me since February 29, 2020. I am prepared to fly to Jamaica (bad experience last time) to get on a cruise ship.
What’s this meditation business? They ought to haul their Calvin Kleins to court and have them pay reparations. Justice for Norwegians! And the Royal Carribeans! They’re royalty for Pete’s sakes.
It also prevents discovery.
Deep State can’t have that.
Excerpt from CDC guide line for cruise operators:
Fully Vaccinated Travelers:
Cruise ship operators, at their discretion, may advise passengers and crew that—if they are fully vaccinated—they may gather or conduct activities outdoors, including engaging in extended meal service or beverage consumption, without wearing a mask except in crowded settings.
Since the hearing was for a preliminary injunction, and the judge didn’t grant it, the CDC won that round. The judge did keep the pressure on the CDC to move things forward.
This is not an arbitration case, so both sides will have to agree on the solution.
I don't believe the Biden CDC will bargain in good faith. - Tom
The Mardi Gras leaves Barcelona for Port Canaveral this Friday to start cruising July 31...so something is about to happen...
Yeah but they have until Jun 1...thats 2 weeks from now
It’s been my experience that mediations are helpful in focusing the parties on the real issues, but they usually don’t get a deal done. Particularly here, where the issue is one of policy, not the size of a check.
Or what?
Both a rhetorical and a real question - I haven't see the order or even a detailed description of it.
A few phone calls and emails, and a couple of four digit checks will get you a mediation session. Or the judge could have ordered the mediation to take place in front of a magistrate who could exert a bit more psychological pressure on the parties.
Then they will either get to a deal (I wouldn't be optimistic) or the mediator can report back one of two things - the parties mediated in good faith and couldn't reach a deal, or one of the parties didn't act in good faith. At that point, the ball is back in the judge's court.
Brevard County, Florida ping.This case is of obvious interest to the Space Coast, home to Port Canaveral. From the shores of Cape Canaveral / Cocoa Beach, one can observe cruise ships sitting at anchor a few miles out. And occasionally you will see them docked at the Port. I presume they stay offshore to avoid racking up dock fees and come in occasionally for provisions.
I am not alone in calling the CDC’s guidelines “capricious and arbitrary,” certainly in application of their disease control powers. If the CDC is so worried about the possible entry of infected people into this country, then why are they placing their boot on the neck of the cruise lines, who have presented comprehensive plans and protocols. Yet they leave our southern border completely uncontrolled??? There’s your arbitrary. The CDC doesn’t seem to give a rat’s arse about introducing thousands upon thousands of illegal entrants who have tested positive to travel to every corner of the US. But allow a passenger who has been screened and tested to step foot on the dock? Now there’s a place to draw a line in the sand! /s
+100
Your point is absolutely the only valid negotiation the cruise lines should present!
Obvious double standards.
We are on the Space Coast .......all week, every week, cruise ships were coming and going
This is part of hurting Florida and DeSantis
That makes me think of the cartoon where a mediator is sitting between a Jew and an Arab Muslim.
The mediators job is to settle the violent disagreements the Jews and Arabs are having.
The mediator asks the Muslim to go fist, and state his case.
The Muslim says "We want to kill all the Jews ,so there isn't one of them left on this planet!!
The mediator turn to he Jewish representative and asks: "Are you willing to show good faith, and meet the Muslim's desire at least half way? -Tom
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