Judge Steven Merryday for the Middle District of Florida, in his ruling, sided with the Sunshine State in his argument that “the CDC’s conditional navigation order and work orders exceed the authority delegated to the CDC” .
As a result, Merryday approved Florida’s motion for a preliminary injunction suspending mandatory guidelines for cruise ships, writing that the CDC is “preliminarily prohibited from applying against an arriving, in or out of cruise ship. from a port in Florida the conditional navigation order and subsequent actions.
The injunction will remain in effect until July 18, when “the conditional boarding order and the measures promulgated under the conditional boarding order will persist only as a” consideration “,” recommendation “or “Guideline”, are for other industries such as restaurants, railways and hotels, according to the ruling.
The cruise industry was previously subject to a conditional navigation order issued by the CDC since the end of October, under which cruise lines were to embark on a phased approach of implementing tests and other measures. safety before you can start to navigate.
The conditional navigation order followed the end of the CDC’s no-navigation order amid the coronavirus pandemic, and the CDC last month released final guidelines for cruise lines to apply to operate test vessels with volunteer passengers.
Merryday wrote in its decision on Friday, “Never has the CDC conditioned practice so broadly and heavily as the conditional start order; and never has the CDC imposed restrictions that summarily dismissed the effectiveness of state regulation and for a long time shut down an entire nationwide multi-billion dollar industry. ”
“In short, the CDC has never implemented measures as extensive, crippling and exclusive as those examined in this action,” he added.
Friday’s decision was the result of a lawsuit filed in April by the governor of Florida. Ron DeSantisRon DeSantisFormer Florida governor calls for an investigation into the state’s “outsized role” in the January 6 riot. (R) on behalf of the state against the CDC and the Secretary of Health and Human Services Xavier BecerraXavier BecerraSanders ‘delighted’ DeSantis asked White House to import Canadian prescription drugs Feehery: It’s for kids New Alzheimer’s drug sparks backlash against FDA, fixing prices MORE, arguing that the navigation orders and health requirements issued by the CDC for cruise lines were “arbitrary and capricious” and amounted to an unconstitutional overstepping of the agency’s authority.
DeSantis, who has long denounced coronavirus safety restrictions, welcomed the judge’s ruling on Friday, writing in a statement released by his office: “The CDC was wrong from the start, and they knew it. ”
“The CDC and the Biden administration have concocted a plan to sink the cruise industry, hiding behind bureaucratic delays and lawsuits,” he continued. “Today, we are securing this victory for Florida families, for the cruise industry, and for every state that wishes to uphold its rights in the face of unprecedented federal reach.”
La Colline has reached out to the CDC for comment on Friday’s decision.