Federal judge throws out CDC’s cruise safety regulations, handing win to DeSantis
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A federal judge threw out U.S. Centers for Disease Control and Prevention safety rules for cruise companies operating in Florida during the COVID-19 pandemic Friday, handing a victory to Gov. Ron DeSantis.
In a 124-page ruling, U.S. District Judge Steven Merryday of the Middle District of Florida said the agency’s “conditional sail order” — a framework of regulations dictating how cruises can restart in the U.S. during the COVID-19 pandemic — can remain in place for Florida cruises only until July 18, granting DeSantis’ request for a preliminary injunction while the full case moves forward.
After July 18, the rules will turn into non-binding recommendations for cruise companies. The CDC has until July 2 to propose a more limited set of cruise regulations to the court.
The decision comes as Royal Caribbean International’s Freedom of the Seas ship is scheduled to perform the first test cruise under the CDC’s industry restart plan from PortMiami on Sunday. The first cruise ship carrying paying passengers, Celebrity Cruises’ Celebrity Edge, is scheduled to depart from Port Everglades on June 26. No cruises have left U.S. ports with passengers since March 2020.
“Today’s ruling is a victory for the hardworking Floridians whose livelihoods depend on the cruise industry,” said Florida Attorney General Ashley Moody in a statement. “The federal government does not, nor should it ever, have the authority to single out and lock down an entire industry indefinitely.”
The CDC published its conditional sail order in October, outlining four phases to get cruises up and running again amid the pandemic. Companies first had to expand COVID-19 testing capabilities on their ships and report weekly test results for crew members.
The agency waited five months to issue instructions for the second phase, requiring companies to secure agreements with ports and local health authorities in the U.S. cities they planned to visit.
Frustrated with the delay, DeSantis sued the CDC on April 8 arguing that the cruise companies should be able to resume cruises immediately without any CDC oversight. The state’s complaint said the agency is unfairly targeting the cruise industry by preventing it from operating since March 2020, and preventing Florida from collecting important tax revenue. The CDC argued it has broad authority to protect public health and regulate cruise business.
This story will be updated.
