Norwegian Cruise Line is suing Florida over its new law barring businesses from requiring customers to show they have been vaccinated for COVID-19, arguing the law prevents Norwegian from resuming safe sailing operations.
The cruise line planned to restart cruise operations from Miami on Aug.15 in a way that is consistent with rules developed by the federal Centers for Disease Control and Prevention (CDC), according to the July 13 complaint filed in the Southern District of Florida. Norwegian had determined that the best way to ensure the safety of its crews and passengers during future cruises was to require documentation that they were all fully vaccinated against the coronavirus, according to the lawsuit.
“The upshot places (Norwegian Cruise Line Holdings Ltd.) in an impossible dilemma as it prepares to set sail from Florida,” the complaint states. “NCLH will find itself either on the wrong side of health and safety and the operative federal framework, or else on the wrong side of Florida law.”
The new Florida law bans businesses from requiring customers to show “vaccine passports” in order to purchase goods or services, with possible penalties of up to $5,000 per violation.
The Florida Governor’s Office called Norwegian’s legal action meritless, saying that the company is attempting to join the CDC in discriminating against children and others who can’t be vaccinated, as well as those who choose not to get the vaccine due to reasons of health or religion.
“Every other industry in Florida has safely reopened while still respecting the right of every Floridian to make their own medical choice when it comes to vaccinations,” Christina Pushaw, the governor’s press secretary, told the Florida Record in an email. “At present, approximately 60% of eligible Floridians have been vaccinated against COVID-19, which means Norwegian is purposefully excluding 40% of Florida’s residents from the people it is willing to serve.”
The state will continue to enforce its law prohibiting business from requiring vaccine documentation from consumers, Pushaw said.
“The administration will not tolerate such widespread discrimination,” she said. “Therefore, Norwegian faces a $5,000 fine from whom they demand a vaccination status.”
Norwegian argues in its lawsuit that the law conflicts with federal statutes and regulations, blocks customer-business communications in violation of the First Amendment, and disrupts interstate and international commerce without showing any legitimate state interest. The complaint names Florida Surgeon General Scott Rivkees as the defendant.
The litigation comes as Florida has been experiencing an uptick in COVID-19 cases. During the week starting June 25, new cases in the state numbered nearly 16,000, but by the week starting July 9, cases numbered 45,603, according to the Florida Department of Health. COVID-19 positivity rates have also more than doubled over the same time period, the department reported.