Posted on 08/09/2021 11:13:02 AM PDT by SJackson
A judge ruled on Sunday that Norwegian Cruise Line is permitted to ask customers to show proof of vaccination before boarding a ship, dealing a blow to Florida Gov. Ron DeSantis’s (R) law that prevented "vaccine passports" from being utilized in the state.
The nearly 60-page preliminary ruling from U.S. District Judge Kathleen Williams in the Southern District of Florida said that the state law barring the use of vaccine passports is likely unconstitutional under the First Amendment and jeopardizes public health.
The judge ruled that Florida Surgeon General Scott Rivkees, whom Norwegian filed a lawsuit against over the vaccine passport ban, cannot enforce the law with the cruise line, giving Norwegian the greenlight to carry out its safety measures starting Aug. 15, when the company plans to resume passenger cruises from the Sunshine State.
DeSantis signed legislation in May that banned vaccine passports in the state.
Norwegian praised the ruling in a statement on Sunday, writing that allowing vaccinated guests on board is the “safest vacation experience” to resume sailing.
“The public health environment continues to evolve around the globe and our robust science-backed health and safety protocols, with vaccines at its cornerstone, allow us to provide what we believe is the safest vacation experience for people who long to get back to their everyday lives and explore the world once again,” Frank Del Rio, president and CEO of Norwegian Cruise Line Holdings, said in a statement.
Daniel Farkas, executive vice president and general counsel for Norwegian, said the lawsuit was filed “in the best interest of the welfare of our guests, crew and communities we visit in an effort to do our part as responsible corporate citizens to minimize, to the greatest extent possible, further spread of COVID-19 as we gradually relaunch our vessels.”
DeSantis’ office said it disagreed with the judge’s legal reasoning, contending that a ban on vaccine passports does not violate speech rights. The office said it will appeal the decision to the Eleventh Circuit of Appeals.
“A prohibition on vaccine passports does not even implicate, let alone violate, anyone’s speech rights, and it furthers the substantial, local interest of preventing discrimination among customers based on private health information,” DeSantis’ office said in a statement to The Hill.
The Hill reached out to Rivkees for comment.
Norwegian sued Rivkees last month in an effort to stop the state from enforcing its vaccine passport ban on businesses.
The Miami-headquartered company contended that the state’s legislation against vaccine passports was a violation of the First Amendment because it blocked communication between business and customers.
The cruise line also argued that the law breached the 14th Amendment because it limited the company’s ability to keep its employees and customers safe.
Norwegian earlier this month, during a virtual court hearing, called on a federal judge to block the law banning vaccine passports.
Derek Shaffer, the cruise line’s attorney, pointed to the spike in COVID-19 infections in Florida as reason why the company should be permitted to require proof of vaccination before boarding a ship.
Sure they do. Under current laws almost all businesses could refuse to allow an unvaccinated person entry.
Again, the Christian baker doesn’t seem to have that right, even after the USSC ruled in his favor; the state of Colorado found another reason to sue him, because he refused to bake a cake to celebrate somebody coming out as a trans-whatever; at this point its obvious, the state of Colorado is attempting to break him (financially) and put him out of business. Go figure.
Homosexuals are a protected class under anti-discrimination laws in Colorado and most other stats. Being an anti-vaxer is not so the laws don't protect you from discrimination.
So you can deny, deny, deny all you want...
So can you. But if you would just read the applicable laws you would realize your denials are wrong.
I know that a judges ruling has no basis in rational thought and is simply the opinion of the powerful. I was just pointing out the obvious contradiction in the law.
Nazis, Communists, white supremacists, and pedophiles are just a few of the activities not protected by current laws. Are those contradictions to? Do you think they should be protected along with anti-vaxers?
If a baker wants to refuse to make a cake with a hammer and sickle on it for some communists bday party that’s up to the baker.
However, there have been a series of federal district court cases involving several dioceses of The Episcopal Church that have sued to be allowed to split from the main church. The Episcopal Church went to court to keep the diocese intact.
The courts have ruled that the diocese have a right to disassociate as a derivation of the right to assemble.
-PJ
Indeed it is, because political beliefs are not a protected class. So the baker is free to deny commies a cake. Anti-vaxers are not a protected class, so the cruise line is free to deny them access to their boat. Sexual orientation is a protected class, so a business cannot deny them service because they're homosexuals. See how it works?
Well then polling places must be allowed to demand proof of citizenship before voting.
So is religion.
Off topic, but I agree with that. Also off topic, to acquire a “vaccine passport” an applicant will be required to have an ID. Pretty much shoots down the idea that certain groups can’t acquirt IDs
Anti-vaxing is not a recognized religion. And the cruise line are not denying you service because of your religion but because you are not vaccinated.
I'd settle for proof of ID. And I have to show that before I can vote in Missouri.
The judges always get the last say no matter how loud noisy and loud and good looking the Republican politicians are.
Yes I see how it works: the laws are not based on any logic but simply the whims of the powerful.
They are based on how the law is written.
Doesn’t suddenly make a law rational because it’s written down.
BS, either every business has the same private property rights or they don’t. I don’t give a damn about the carve outs to please the marxists, either a private business has the right to pick and choose, at their discresion, whom they want to do business with; or they don’t. Screw that protected status bullsh*t.
And many will call you racist for saying this, but you are correct. Seeing large numbers of black females applying is a sure sign a white man has no chance to get the job.
I think the governor should say any business that discriminates against people based on medical history is not permitted to dock in Florida. Problem solved. Norwegian can to South Carolina or Cubs with their vaccine card checks.
The Constitution Of the United States (Article I, Section 8, Clause 3) says that INTERSTATE commerce is regulated by the federal government. In accordance with that clause, Congress passed the Interstate Commerce Act in 1887.
A NORWEGIAN Cruise Line ship is involved in interstate commerce.
I agree. As an alternative to prohibition on docking, require that the company maintain a record of all passengers (and crew) that they require their vaccine information for 7 years. Require that their IT be audited at the companies expense by third parties to ensure that the IT controls in place conform to industry best practices ...
etc. Allow them to ask the question but make it painfully expensive and procedurally difficult to comply.
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