We just finished announcing a decision by the 11th Circuit Court of Appeals staying enforcement of an injunction a Federal District Judge entered which precluded the CDC from enforcement of requirements for cruise ships. In an about-face decision, the 11th Circuit Court of Appeals said the decision of the Federal District Judge now stands. The injunction preventing the CDC from enforcement of their requirements for the cruise ships is now back in place pending the outcome of the litigation between the State of Florida and the CDC on the issue.
The decision can be read here.
The CDC has indicated it may enforce requirements for mask-wearing on cruise ships if the other requirements are not enforceable and are not in place. Whether passengers will want to wear masks on a cruise is a question mark experts likely should address.
The saga will continue for some time as the litigation proceeds. I am sure the parties will try to reach some type of amicable resolution.
The CDC is accused of overstepping their authority. Some feel they have no right to impose stringent requirements on the industry. Others believe they should as it is for the public safety.
Are the requirements an undue burden on the industry, and is the CDC is overstepping their authority, or are they reasonable requirements to protect the safety and welfare of passengers and citizens who will be exposed to cruise ship passengers once the cruise is over. CDC cites to the outbreak of COVID-19 it blames on cruise ships where passengers contracted COVID and then brought the virus into the communities they lived in when the cruise was over. Some passengers actually died after contracting the virus from other infected passengers.
We will keep you posted about the litigation of this important issue. In the meantime, the new Delta variant is throwing a curve in plans.
Our firm remains advocates for those harmed at sea, including on cruise ships. There are many hurdles to jump in pursuing legal action against a cruise line company, including a very short deadline to provide notice of a claim and to file a lawsuit. There are also limitations as to where the suit can be filed. If you are injured on a cruise ship or a loved one is killed on a cruise ship, consult a maritime firm immediately for guidance. Our firm provides free consultations.