Florida Appeals Vaccination Passport Ruling

After a federal judge sided with Norwegian Cruise Line Holdings (NCLH) in its vaccine mandate lawsuit against the State of Florida in August, Florida this week filed documents to appeal that lawsuit with the 11^th Circuit Court of Appeals.

In the 69-page brief, Florida said that it wants that ruling, which said that NCLH cruise brands could deny entry to individuals depending on their vaccination status, overturned.

NLCH had originally sued Florida over its vaccine passport ban on July 14, calling the lawsuit a “last resort” at the time that was “otherwise preventing NCLH from safely and soundly resuming passenger cruise operations from Miami, Florida starting on August 15.”

Gov. Ron DeSantis signed the law in April. It would have fined companies who require proof of vaccination $5,000 per guest, which Norwegian called a “crushing” penalty.

In the ruling, Judge Kathleen Williams sided with NCLH, writing that there was no “valid evidentiary, factual, or legal predicate” that would prevent cruise lines and other businesses from requiring guests to show proof of vaccination.

Now, Fla. Governor Ron DeSantis’ administration is appealing that ruling, writing in the brief that Norwegian “may still request documentation from its customers, its customers may voluntarily provide it, and both parties are free to discuss the topic. What Norwegian may not do is deny service to customers who fail to provide that documentation.

“Neither does Florida’s law prevent the free flow of information or prevent Norwegian and its customers from communicating. Again, Norwegian can discuss COVID-19 vaccination status with its customers to whatever extent it wishes and request documentation of vaccination status. Norwegian simply cannot deny service to customers if they do not provide that documentation.”