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Thread: Florida Win Against Vaccine Passports for Cruises

  1. #1

    Florida Win Against Vaccine Passports for Cruises

    Florida Win Against Vaccine Passports for Cruises: Court Orders Preliminary Injunction Against CDC Mandate
    Written by Adam Dick - Monday June 21, 2021

    On Friday, the state of Florida won a court victory against the United State government’s Centers for Disease Control and Prevention (CDC). The court decision restrained the CDC’s effort to require, in the name of countering coronavirus, that cruise lines implement vaccine passport requirements and various other CDC-defined mandates on cruises.

    Florida Governor Ron DeSantis has been pursuing a two-prong effort against a mandate from the CDC that cruise lines impose vaccine passport requirements for cruises. As I wrote about earlier this month, DeSantis has been both threatening fines against cruise lines that require cruise participants to have taken experimental coronavirus vaccines and challenging in court the legality of the CDC mandate.

    The court effort that challenges vaccine passport requirements, plus many other CDC mandates, for cruises yielded victory on Friday when a US district court judge ruled on behalf of Florida. The court ordered a preliminary injunction against enforcement of the CDC’s mandate that cruise lines impose vaccine passport requirements, and the court struck enforcement of the many other mandates on cruises contained in the “conditional sailing order” the CDC created in the name of countering coronavirus.

    The Friday court decision in the case — State of Florida v. Becerra — may be read here.

    Below is a rundown of some of the discussion in the decision by US District Judge Steven D. Merryday of the Tampa Division of the US District Court for the Middle District of Florida.

    The court’s decision pointed out the uniquely oppressive action that the US government, via the CDC, has taken over the last year-plus in shutting down cruises only to allow them to start up again under extensive restrictions in the CDC’s conditional sailing order, including the implementation of vaccine passport requirements. The decision states:

    Never has CDC (or a predecessor) detained a vessel for more than fifteen months; never has CDC implemented a widespread or industry-wide detention of a fleet of vessels in American waters; never has CDC conditioned pratique as extensively and burdensomely as the conditional sailing order; and never has CDC imposed restrictions that have summarily dismissed the effectiveness of state regulation and halted for an extended time an entire multi-billion dollar industry nationwide. In a word, never has CDC implemented measures as extensive, disabling, and exclusive as those under review in this action.

    “Pratique” is health clearance for a ship to use a port.

    After discussing in detail the regulatory power of the CDC relative to cruises and disease, the decision concludes that “none of the regulations invoked by CDC justifies the conditional sailing order.” The CDC’s conditional sailing order is the means by which the CDC is imposing a variety of mandates on cruise operations, including those related to vaccine passports, all purportedly intended to counter coronavirus. The CDC has said no cruises can occur without adherence to the conditional sailing order.

    The CDC’s expansive power assertion through the conditional sailing order fits in with an assertion of widespread power the decision notes the government agency asserts:

    CDC claims a remarkable and generally unbounded power of the director of CDC to act athwart the president; to close industries; to restrict the movement of citizens in an out of their country, their state, their county, and city, and their home. And recent history demonstrates that the power of the director of CDC, unless and until corrected by the judiciary, can oust the ability of a state to exercise the police power — all without formal notice and comment from the public and continuing from year-to-year.

    A government agency seeking to exercise such extensive power can run afoul of constitutional restraints. The decision argues:

    Without the elemental distinctions, including the separation of powers, prescribed in the Constitution, what remains is neither constitutional nor a republic. The administrative state is nowhere expressed or adumbrated in the Constitution, which grants the entire legislative power to elected representatives, whom the Constitution contemplates will govern in fact and for their governing remain electorally accountable to those who selected and empowered them. Unaccountable administrative law, unbounded by ascertainable directives from the legislative branch, is not the product of an ascendant and robust constitutional republic.

    The CDC’s conditional sailing order, the court decision concludes, “is arbitrary and capricious because the order imposes vague and shifting (but binding) legal requirements and because the order fails to offer any reasoned explanation about the inadequacy of local measures.”

    In discussing the likelihood of irreparable harm to Florida from the CDC restrictions on cruises that must be established before a grant a preliminary injunction to Florida, the decision concludes that the restrictions “impose an imminent and irreparable financial injury on Florida”:

    The likelihood of Florida’s irreparable injury is not materially affected by the fact that some cruises are undertaking to comply with the conditional sailing order. As of June 4, 2021, CDC lists only eleven cruise ships ready to begin phase two (of four phases) simulated voyages. CDC has scheduled these voyages to begin no earlier than June 20, 2021, and several begin in August 2021. (Doc. 72-1 at 2–4) Even under CDC’s timeline, few cruise ships, if any, appear poised to qualify by late summer to sail with a satisfactory complement of passengers. For all other ships, the summer season remains almost assuredly lost. The conditional sailing order not only impedes immediate cruising, but the conditional sailing order threatens the economic feasibility of scheduling cruises under restricted sailing. Ships obtaining a conditional sailing certificate remain subject to “restricted passenger voyages,” which, among other things, prevent a cruise ship from offering an “itinerary longer than [seven] days.” (Doc. 1-3 at 33) The restrictions burden the cruise industry’s capacity for profitable sailing. (Doc. 56 at 4–5) In sum, Florida plausibly alleges that the conditional sailing order cripples the cruise industry’s ability to begin sailing and to sail in a manner that avoids economic loss as a result of sailing. (Doc. 25 at 22) Owing to a disabled cruise industry, both obstacles impose an imminent and irreparable financial injury on Florida.

    Cruises were, of course, a big deal in the Florida economy before they were shut off last year in the coronavirus panic.

    After discussing other measures taken by various parties to reduce the threat from coronavirus, cruise lines own interests in providing safety protections, and the fact that cruises are taking place elsewhere in the world while remaining stopped in America, the court concluded with awarding a preliminary injunction for Florida as of July 18:

    Because of (1) Florida’s probability of success on the merits, (2) the imminent threat of irreparable injury to Florida, (3) the comparative injury depending on whether an injunction issues, and (4) the imminent and material threat to the public interest, Florida’s motion for preliminary injunction is GRANTED, and CDC is PRELIMINARILY ENJOINED from enforcing against a cruise ship arriving in, within, or departing from a port in Florida the conditional sailing order and the later measures (technical guidelines, manuals, and the like). However, the preliminary injunction is STAYED until 12:01 a.m. EDT on JULY 18, 2021, at which time the conditional sailing order and the measures promulgated under the conditional sailing order will persist as only a non-binding “consideration,” “recommendation” or “guideline,” the same tools used by CDC when addressing the practices in other similarly situated industries, such as airlines, railroads, hotels, casinos, sports venues, buses, subways, and others.

    The court decision does, however, also leave open for the CDC the option to propose, by July 2, a more limited injunction for the court to consider, along with Florida’s response, at a hearing. Such a proposed order, though, the court says must be consistent with “both permitting cruise ships to sail timely and remaining within CDC’s authority as interpreted” in the court’s Friday decision. The court, in its Friday decision, also directed Florida and the CDC to return to related mediation.

    Copyright © 2021 by RonPaul Institute. Permission to reprint in whole or in part is gladly granted, provided full credit and a live link are given.
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  3. #2
    Quote Originally Posted by Brian4Liberty View Post
    *Gasp* You don't say? There was a CDC mandate? A court ruled that it was a mandate? A court ruled for an injunction against the CDC mandate? But...but...but @TheCount says there is no such mandate and opposing vaccine passports on cruise ships is anti freedom!
    9/11 Thermate experiments

    Winston Churchhill on why the U.S. should have stayed OUT of World War I

    "I am so %^&*^ sick of this cult of Ron Paul. The Paulites. What is with these %^&*^ people? Why are there so many of them?" YouTube rant by "TheAmazingAtheist"

    "We as a country have lost faith and confidence in freedom." -- Ron Paul

    "It can be a challenge to follow the pronouncements of President Trump, as he often seems to change his position on any number of items from week to week, or from day to day, or even from minute to minute." -- Ron Paul
    Quote Originally Posted by Brian4Liberty View Post
    The road to hell is paved with good intentions. No need to make it a superhighway.
    Quote Originally Posted by osan View Post
    The only way I see Trump as likely to affect any real change would be through martial law, and that has zero chances of success without strong buy-in by the JCS at the very minimum.

  4. #3
    Quote Originally Posted by jmdrake View Post
    @TheCount says there is no such mandate and opposing vaccine passports on cruise ships is anti freedom!
    Proves you don't actually read what you respond to.

    Quote Originally Posted by TheCount View Post
    That's entirely separate from the 95% vaccinated requirement placed on the cruise lines, which was their barrier to operation and which was in no way lifted or nullified by Florida's law.
    "The abiding purpose of every nationalist is to secure more power and more prestige, not for himself but for the nation or other unit in which he has chosen to sink his own individuality."
    -George Orwell, "Notes on nationalism"

  5. #4
    Oh it sounds great doesn't it; Republicon governor hero Ron DeSantis standing up against vaccine passports, winning for our "freedom"...

    In reality the Florida law SB 2006, provides that the state “may use any means necessary to vaccinate or treat” corona-criminals in Florida against their will.
    The broad-ranging loophole is well-hidden by legislators.

    Read it and weep...
    Ordering an individual to be examined, tested, vaccinated, treated, isolated, or quarantined for communicable diseases that have significant morbidity or mortality and present a severe danger to public health. Individuals who are unable or unwilling to be examined, tested, vaccinated, or treated for reasons of health, religion, or conscience may be subjected to isolation or quarantine.
    https://redpilled.ca/column-florida-...with-covid-19/
    Do NOT ever read my posts. Google and Yahoo wouldn’t block them without a very good reason: Google-censors-the-world/page3

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  6. #5
    Quote Originally Posted by TheCount View Post
    Proves you don't actually read what you respond to.
    Please explain how a 95% vaccine mandate for cruise ships can be enforced without a vaccine passport. I don't think you can actually do that....but it will be interesting to see you try.
    Last edited by jmdrake; 06-25-2021 at 09:29 AM.
    9/11 Thermate experiments

    Winston Churchhill on why the U.S. should have stayed OUT of World War I

    "I am so %^&*^ sick of this cult of Ron Paul. The Paulites. What is with these %^&*^ people? Why are there so many of them?" YouTube rant by "TheAmazingAtheist"

    "We as a country have lost faith and confidence in freedom." -- Ron Paul

    "It can be a challenge to follow the pronouncements of President Trump, as he often seems to change his position on any number of items from week to week, or from day to day, or even from minute to minute." -- Ron Paul
    Quote Originally Posted by Brian4Liberty View Post
    The road to hell is paved with good intentions. No need to make it a superhighway.
    Quote Originally Posted by osan View Post
    The only way I see Trump as likely to affect any real change would be through martial law, and that has zero chances of success without strong buy-in by the JCS at the very minimum.

  7. #6
    Quote Originally Posted by Firestarter View Post
    Oh it sounds great doesn't it; Republicon governor hero Ron DeSantis standing up against vaccine passports, winning for our "freedom"...

    In reality the Florida law SB 2006, provides that the state “may use any means necessary to vaccinate or treat” corona-criminals in Florida against their will.
    The broad-ranging loophole is well-hidden by legislators.

    Read it and weep...
    https://redpilled.ca/column-florida-...with-covid-19/
    Well...that sucks. We had force quarantining of homeless covid criminals in Tennessee.

    See: https://www.newschannel5.com/news/ho...ine-speaks-out

    Tennessee is a red state, though Nashville is definitely a blue city.
    9/11 Thermate experiments

    Winston Churchhill on why the U.S. should have stayed OUT of World War I

    "I am so %^&*^ sick of this cult of Ron Paul. The Paulites. What is with these %^&*^ people? Why are there so many of them?" YouTube rant by "TheAmazingAtheist"

    "We as a country have lost faith and confidence in freedom." -- Ron Paul

    "It can be a challenge to follow the pronouncements of President Trump, as he often seems to change his position on any number of items from week to week, or from day to day, or even from minute to minute." -- Ron Paul
    Quote Originally Posted by Brian4Liberty View Post
    The road to hell is paved with good intentions. No need to make it a superhighway.
    Quote Originally Posted by osan View Post
    The only way I see Trump as likely to affect any real change would be through martial law, and that has zero chances of success without strong buy-in by the JCS at the very minimum.

  8. #7
    I wonder how much of this is theater. I bet the cruise ships didn't want to mandate vaccines, but a large portion of their clients demanded they have one. (My wife dealt with something similar with something she was organizing.) So the cruise ships pretend they want a mandate, but don't defend themselves.

    De Santis is a hero. The cruise ships can tell vaccine Karen that they would like a vaccine mandate, but can't. Win-win!
    ...

  9. #8
    If you go a cruise ship you're coming back with some disease or the other anyway.
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  11. #9
    Quote Originally Posted by Firestarter View Post
    Oh it sounds great doesn't it; Republicon governor hero Ron DeSantis standing up against vaccine passports, winning for our "freedom"...

    In reality the Florida law SB 2006, provides that the state “may use any means necessary to vaccinate or treat” corona-criminals in Florida against their will.
    The broad-ranging loophole is well-hidden by legislators.

    Read it and weep...
    https://redpilled.ca/column-florida-...with-covid-19/
    “Ordering an individual to be examined, tested, vaccinated, treated, isolated, or quarantined for communicable diseases that have significant morbidity or mortality and present a severe danger to public health.”

    Except that does not apply to COVID.
    "Foreign aid is taking money from the poor people of a rich country, and giving it to the rich people of a poor country." - Ron Paul
    "Beware the Military-Industrial-Financial-Pharma-Corporate-Internet-Media-Government Complex." - B4L update of General Dwight D. Eisenhower
    "Debt is the drug, Wall St. Banksters are the dealers, and politicians are the addicts." - B4L
    "Totally free immigration? I've never taken that position. I believe in national sovereignty." - Ron Paul

    Proponent of real science.
    The views and opinions expressed here are solely my own, and do not represent this forum or any other entities or persons.

  12. #10
    Quote Originally Posted by Brian4Liberty View Post
    “Ordering an individual to be examined, tested, vaccinated, treated, isolated, or quarantined for communicable diseases that have significant morbidity or mortality and present a severe danger to public health.”

    Except that does not apply to COVID.
    Do you mean to say that because COVID-19 doesn't have "significant morbidity or mortality", our hero governor DeSantis won't lock up COVID criminals when they are considered dangerous?

    Maybe it isn't fair to hold this against DeSantis.
    Florida is certainly not the only state in the US (or country in the world) where similar fascist rules have been implemented under the guise of fighting the "pandemic".

    1984 is 37 years ago. "Innocent until proven guilty" my a$$ (jury of your peers?)...
    It just takes one medical quack to determine you're a danger to public health, and off to the FEMA camp you go to be "cured".
    Do NOT ever read my posts. Google and Yahoo wouldn’t block them without a very good reason: Google-censors-the-world/page3

    The Order of the Garter rules the world: Order of the Garter and the Carolingian dynasty

  13. #11
    Quote Originally Posted by RJB View Post
    I wonder how much of this is theater. I bet the cruise ships didn't want to mandate vaccines, but a large portion of their clients demanded they have one. (My wife dealt with something similar with something she was organizing.) So the cruise ships pretend they want a mandate, but don't defend themselves.

    De Santis is a hero. The cruise ships can tell vaccine Karen that they would like a vaccine mandate, but can't. Win-win!
    Sounds like you're familiar with what we call "politics." Smart money is on your theory.
    "If a man says he'll get something done, then he'll get it done. You don't need to keep reminding him every 6 months." --phill4paul



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