After a lengthy pause, Florida asked a federal judge to lift the August preliminary injunction against Norwegian Cruise Line Holdings. It allowed it to require passengers to show proof of vaccination to allow them to cruise.
In August, the state stated that it would appeal against the preliminary injunction imposed by U.S. District Judge Kathleen Williams. This was a major blow to Republican Florida Governor. Ron DeSantis signed earlier this year an executive order prohibiting businesses from documenting their vaccine status. This became state law.
This week, documents were filed with the U.S. 11th U.S. Florida argued in documents filed this week with the 11th U.S. The Constitution does not grant companies such rights, so the District Court's decision should be overturned.
Florida argued that the law prohibits companies from "conditioning" service based on Covid-19 vaccine proof. However, it does not ask for it.
The state stated that while Norway may still require documentation from its customers, customers may choose to provide it. Both parties can discuss the subject. Norwegians may not refuse service to customers who do not provide the documentation.
According to the state, its law "protects Floridians’ individual liberties, protects privacy in their personal health information, prevents discrimination, and disallows businesses from condition service on the provision documentation evidencing Covid-19 vaccine. It also promotes an open, vibrant economy.
The state also addressed NCLH's argument about the need for visitors to be vaccinated at many ports. It stated that "the requirements of foreign port should not dictate the limits on local public policy in Florida."
Williams wrote in a 60-page ruling that he did not believe that any residents had been discriminated against or intruded on their privacy. He stated that some businesses, including cruise companies, required Covid-19 vaccination documentation.
She wrote that "Courts have suggested the unvaccinated population [is not] a protected group that enjoys a fundamental constitutional rights to remain unvaccinated."
