Outrigger Hotels and Resorts

Published on Monday, June 21, 2021

CDC blocked from enforcing conditional sailing order in Florida

A federal judge sided with the state of Florida and allowed a preliminary injunction against Centers for Disease Control and Prevention's conditional sailing orders.

The judge agreed with the state that the CDC rules 'likely constitutes an unconstitutional delegation of legislative power.'

It means the CDC is prohibited from enforcing the conditional sailing order against any cruise ship at a port in Florida until 19 July.

Judge Steven Merryday has given the CDC until 2 July to propose narrower rules that meets the concerns rasied in the lawsuit and the two parties must return to mediation.

"This order finds that Florida is highly likely to prevail on the merits of the claim that CDC's conditional sailing order and the implementing orders exceed the authority delegated to the CDC," Merryday wrote.

Florida Attorney General Ashley Moody applauded the decision.

"Today's ruling is a victory for the hardworking Floridians whose livelihoods depend on the cruise industry. The federal government does not, nor should it ever, have the authority to single out and lock down an entire industry indefinitely."

The decision comes just before Royal Caribbean set sail on the first simulation cruise as part of the CDC's conditional sailing order, although this is not affected as the ruling has not taken effect yet.

Judge Merryday said Florida had faced 'an increasingly threatening and imminent prospect that the cruise industry will depart the state.'


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