Florida wins conditional lawsuit against CDC

2021-06-25T20:37:42+00:00 June 25th, 2021|Safety|

A US judge has granted an injunction against the US Centres for Disease Control and Prevention’s (CDC) Conditional Sail Order (CSO), albeit with a few caveats.

The State of Florida sued the CDC because it felt that the CSO had unfairly singled out one industry and was hurting Florida’s economy, according to a Royal Caribbean blog, explaining the situation.

Judge Steven Merryday issued a 124-page summary, in which he ruled Florida’s motion for preliminary injunction was granted for Florida ports. This is not a simple lifting of the order, RCI said.

CDC was ordered not to enforce the CSO on a cruise ship arriving in, within, or departing from a port in Florida and the later measures (technical guidelines, manuals, etc)  due to:

  • Florida’s probability of success on the merits;
  • the imminent threat of irreparable injury to Florida;
  • the comparative injury depending on whether an injunction is issued;
  • the imminent and material threat to the public interest.

However, the preliminary injunction is held until 12.01 EDT on 18th July at which time the CSO and the measures promulgated under the the order will persist only as a non-binding ‘consideration’, ‘recommendation’ or ‘guideline’, the same protocols used by the CDC when addressing other similar industries, such as airlines, trains, casinos, sports venues, buses, metros, and others.

In addition, the Judge opened up the possibility of the CDC revising the CSO into a “narrower injunction both permitting cruise ships to sail timely and remaining within CDC’s authority as interpreted in this order.” A measure can be proposed no later than 2nd July, 2021.

Any motion for the injunction must support the proposed terms with current scientific evidence, including methodology, raw data, analysis, etc. and the names and qualifications of the scientists participating in the study.

Florida will get seven days to respond to any CDC revision.

Governor Ron DeSantis (pictured) sued the CDC in April as a way of combating the Centre from holding cruise ships back.