U.S. appeals court lifts CDC cruise ship restrictions in win for Florida

WASHINGTON, Jul 23 (Reuters) – A federal appeals court reversed course late Friday, allowing a lower court order banning the U.S. Centers for Disease Control and Prevention (CDC) from placing restrictions on cruise lines Enforce coronavirus in Florida.

The 11th Atlanta District Court of Appeals voted 2-1 on Saturday to block a lower court ruling that prevented the CDC from enforcing the cruise ship order.

A Florida attorney general spokeswoman Ashley Moody said the state was pleased that the appeals court “overturned the prior order that made the preliminary connection possible.”

The 11th District Appellate Body, consisting of three judges, said Friday it had withdrawn its previous order and denied the government’s motion because it “could not demonstrate any right to stay”.

The Court of Appeal’s ruling came shortly after the state of Florida filed an urgent motion to the Supreme Court asking the Supreme Court to overturn the Court of Appeal ruling warning that if the state is not acted, it is “almost guaranteed to lose another summer cruising season.” while “the CDC is pursuing its appeal,” the state said in its filing with the Supreme Court.

CDC did not immediately comment on the appeal court’s decision on Friday.

In June, US District Judge Steven Merryday ruled on the side of Republican-led Florida that the state was “very likely” to show that the CDC had exceeded its powers in enacting rules to resume sailing on cruise lines.

The CDC began with the approval of some cruise lines in May after long discussions with the industry about health and safety protocols. Operations ceased in March 2020 due to the COVID-19 pandemic.

CDC’s conditional sailing order said that cruise lines that ensured that at least 95% of passengers and almost all of the crew were vaccinated could bypass simulated voyages and move to commercial voyages more quickly.

The Cruise Lines International Association, a trade group, did not say on Friday whether it supports Florida’s legal challenge, but said ahead of the appeals court’s decision that cruise lines will continue to operate in accordance with CDC requirements.

Norwegian Cruise Line Holdings Ltd (NCLH.N) has sued Florida, stating that state law banning cruise lines from requesting COVID-19 vaccine documentation will prevent it from safely operating passenger cruise operations from Miami starting August 15 solid resume.

Reporting by David Shepardson and Lawrence Hurley in Washington Editing by Leslie Adler and Matthew Lewis

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