The parent company of Norwegian Cruise Lines filed a “last resort” lawsuit against Florida’s top doctor on Tuesday over the state’s prohibition of proof-of-vaccination documentation, commonly known as “vaccine passports.”
Norwegian Cruise Line Holdings, which announced its plans to require vaccinations among ship staff and patrons in April, said in its legal complaint that Florida’s ban unlawfully prevents it “from safely and soundly resuming passenger cruise operations” and seeks to have a judge enjoin state Surgeon General Scott Rivkees from enforcing it with a fine of up to $5,000 per violation.
“[Norwegian Cruise Line Holdings] is duty-bound to protect the health and safety of its personnel and passengers, as NCLH can and will by requiring proof of vaccinations, yet NCLH cannot afford to expose itself to prosecution by Florida and crushing penalties of up to $5,000 per passenger, as it would by requiring vaccine documentation in the present posture,” the company’s lawsuit, filed in the U.S. District Court for the Southern District of Florida, said.
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Florida’s prohibition violates the First Amendment by seeking to block the communication between a business and its customers, the complaint argued. It also violates the 14th Amendment by preventing the company from protecting customers, Norwegian Cruise Line Holdings said, and should be preempted by the Centers for Disease Control and Prevention’s Conditional Sailing Order, which requires 95% of passengers and crew to be vaccinated.
The only way to ensure compliance would be to require proof, the company said.
“Whereas Florida should be glad to see NCLH resuming safe operations and generating valuable economic returns, no one will suffer from passengers simply confirming that they have been vaccinated, as agreed, while this case proceeds expeditiously to final judgment,” Norwegian said.
Florida Gov. Ron DeSantis signed an executive order on April 2 prohibiting state agencies and private businesses from requiring proof of vaccination. The state codified the ban a month later.
The governor’s press secretary Christina Pushaw called the lawsuit “meritless” and accused the cruise line of pursuing “widespread discrimination” in a statement to the Washington Examiner.
“In its upcoming sailings Norwegian Cruise Line has made the disappointing and unlawful choice to join the CDC in discriminating against children and other individuals who cannot be vaccinated or who have opted not to be vaccinated for reasons of health, religion, or conscience,” she added. “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. 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.”
“Florida already fought and won its case so that Norwegian and all other cruise lines can invite and serve all Americans on its vessels. But apparently Norwegian prefers the shackles of the CDC to the freedom offered by Florida,” Pushaw added. “This Administration will not tolerate such widespread discrimination. Therefore, Norwegian faces a $5,000 fine from whom they demand a vaccination status.”
“It’s completely unacceptable for either the government or the private sector to impose upon you the requirement that you show proof of vaccine to just simply be able to participate in normal society,” DeSantis said in April.
The battle between the cruise line and Florida has been brewing for months. In May, Norwegian Cruise Line CEO Frank Del Rio threatened to “operate from the Caribbean” rather than Florida if the state didn’t budge on allowing it to require coronavirus vaccinations.
“At the end of the day, cruise ships have motors, propellers, and rudders, and God forbid, we can’t operate in the state of Florida for whatever reason, then there are other states that we do operate from. And we can operate from the Caribbean for ships that otherwise would’ve gone to Florida,” Del Rio said during an earnings call on May 7.
Norwegian Cruise Line is scheduled to resume sailings from Miami on Aug. 15.
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A judgment rendered by a separate federal court in Florida last month prohibited the CDC from enforcing its sailing order to set out requirements for a resumption of operations. Florida brought the lawsuit, arguing CDC’s order went beyond its legal authority. The CDC later appealed the federal judge’s ruling.
