Norwegian Cruise Line Sues Florida for Anti-Vaccine Law

Norwegian Cruise Line is suing the state of Florida over its anti-vaccine mandate as a 'last [...]

Norwegian Cruise Line is suing the state of Florida over its anti-vaccine mandate as a "last resort," stating in court documents that the "anomalous, misguided intrusion threatens to spoil" its plans to resume cruise operations beginning August 15. The new law, which was passed in the Florida House and Senate in April and has been praised by Gov. Ron DeSantis, has declared it unlawful for businesses to require customers to be vaccinated. Companies can be fined up to $5,000 per violation for requesting guests' vaccination records.

Norwegian calls out Florida's surgeon general Scott A. Rivkees in the filing accusing the new mandate of violating the constitution in a number of ways and has placed the company between a rock and a hard place in this situation. The company alleges it will "find itself either on the wrong side of health and safety and the operative federal legal framework, or else on the wrong side of Florida law," in the suit.

The suit states: "As set forth herein, Florida's categorical prohibition against requiring documentation of vaccinations from customers, as applied to NCLH, violates federal law in multiple, independent respects: Florida's prohibition (1) conflicts with federal statutes and regulations and is therefore preempted under 42 U.S.C. § 264 and CDC's regulations thereunder; (2) blocks communications between a business and its customers, in violation of the First Amendment to the U.S. Constitution (as applicable to the State of Florida under the Fourteenth Amendment); (3) profoundly disrupts the proper flow of interstate and international commerce without advancing any substantial state interest, in violation of the Dormant Commerce Clause; and (4) inexplicably precludes this business from protecting the health and safety of its employees and customers against the extraordinary backdrop of a deadly pandemic, in violation of substantive due process as protected by the Fourteenth Amendment."

The suit goes on to state that not only is the company requiring vaccinations for the safety of passengers, but the move is something that a majority of potential travelers are in favor of. "Whereas Florida should be glad to see NCLH resuming safe operations and generating valuable economic returns, no one will suffer from passengers simply confirming that they have been vaccinated, as agreed, while this case proceeds expeditiously to final judgment," Norwegian said in its lawsuit. "The case for this Court to grant preliminary and then permanent injunctive relief to NCLH is therefore extremely compelling"

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