Court blocks order lifting CDC virus rules on cruise ships

By CURT ANDERSON
AP Legal Affairs Writer

ST. PETERSBURG, Fla. (AP) — Pandemic restrictions on Florida-based cruise ships will remain in place after a federal appeals court temporarily blocked a previous ruling that sided with a Florida lawsuit challenging the regulations.

The one-paragraph decision by a three-judge panel of the 11th U.S. Circuit Court of Appeals was filed at 11:50 p.m. Saturday, just minutes before a Tampa judge’s previous ruling on the U.S. Centers for Disease Control and Prevention restrictions was set to take effect.

The judges’ issuance of a temporary stay keeps the CDC regulations regarding Florida-based cruise ships in place while the CDC appeals the June decision by U.S. District Judge Steven Merryday.

The lawsuit, championed by Republican Gov. Ron DeSantis, claims that the CDC’s multiple-step process to allow cruising from Florida is overly burdensome, harming both a multibillion-dollar industry that provides some 159,000 jobs and revenue collected by the state.

A spokeswoman for DeSantis did not immediately respond Sunday to an email and a text message seeking comment. In court filing, attorneys for Florida urged the 11th Circuit to reject the CDC request to keep its rules intact for now.

“The equities overwhelmingly favor allowing the cruise industry to enjoy its first summer season in two years while this Court sorts out the CDC’s contentions on appeal,” Florida’s lawyers argued.

The CDC, however, said keeping the rules in place would prevent future COVID-19 outbreaks on ships that are vulnerable to the spread of the virus because of their close quarters and frequent stops at foreign ports.

“The undisputed evidence shows that unregulated cruise ship operations would exacerbate the spread of COVID-19, and that the harm to the public that would result from such operations cannot be undone,” the CDC said in a court filing.

The CDC first flatly halted cruise ships from sailing in March 2020 in response to the coronavirus pandemic, which had affected passengers and crew on numerous ships.

Then the CDC on Oct. 30 of last year imposed a four-phase conditional framework it said would allow the industry to gradually resume operations if certain thresholds were met. Those included virus mitigation procedures and a simulated cruise to test them before embarking regular passengers.

Merryday’s decision concluded that the CDC can’t enforce those rules for Florida-based ships and that they should merely be considered nonbinding recommendations or guidelines. Several cruise lines have begun preliminary cruises under those guidelines, which the Tampa judge agreed with Florida are too onerous.

“Florida persuasively claims that the conditional sailing order will shut down most cruises through the summer and perhaps much longer,” the judge wrote in June, adding that Florida “faces an increasingly threatening and imminent prospect that the cruise industry will depart the state.”

The 11th Circuit’s brief decision did not include any opinions from the judges, which the panel said would be released later. The decision noted that one appeals judge dissented.

Disney Cruise Lines held its first simulated sailing under CDC rules Saturday when the Disney Dream departed from Port Canaveral, Florida. The passengers were volunteer Disney employees.

SportsPlus

Business

Eleven arrested in ICE raid at the Port of Lake Charles

McNeese Sports

A final ride?

Local News

Heavily damaged Purple Heart Recreation Center to be rebuilt in new location

life

PHOTO GALLERY: Special Services Carnival

Jim Gazzolo

Jim Gazzolo column: Wade focused on present

McNeese Sports

Poke Notes: Khan in demand

Local News

Westlake City Council takes aim at ‘junk’ on residential properties

Local News

Trump administration makes public thousands of files related to JFK assassination

Local News

Pollen forecast to reach levels higher than the historical average

Jim Beam

Jim Beam column:Social Security is Musk target

Local News

Louisiana puts man to death in state’s first nitrogen gas execution

Local News

Tigers tune up for Texas with run-rule win over UNO

Local News

Judge rules DOGE’s USAID dismantling likely violates the Constitution

Local News

UPDATE: NASA astronauts return to Earth after 9 months stuck in space

Local News

Sowela welcomes hundreds of students for its first Criminal Justice Day

Local News

PHOTO GALLERY: McNeese Basketball heads to Rhode Island

Local News

Project Build A Future breaks ground for Kingman Crossing neighborhood of resilient homes

Local News

BREAKING: Trump, Putin agree to seek limited ceasefire on energy, infrastructure

life

Affordable health screenings to be offered in Sulphur

Local News

Roberts rejects Trump’s call for impeaching judge who ruled against his deportation plans

Local News

City gives update on ongoing infrastructure, overlay projects

Crime

3/18: Calcasieu Parish Sheriff announces arrest list

Local News

Stuck astronauts finally on their way back to Earth

McNeese Sports

Clemson looks for another run