TAMPA, Fla. — A court has granted Florida a temporary win in its battle with the federal government over COVID-19-related cruise restrictions and ordered both sides to return to mediation before a judge.
The U.S. District Court for the Middle District of Florida's Tampa Division on Friday granted the state's motion for a preliminary injunction (taking effect in mid-July) in its lawsuit that had demanded a judge lift restrictions enacted by the Centers for Disease Control and Prevention.
Florida had sued U.S. Secretary of Health and Human Services Xavier Becerra, hoping to get conditional sailing order requirements thrown out and speed up the process for getting cruise ships sailing regularly again for the first time since March 2020.
The court found Florida was "highly likely to prevail on the merits of the claim that CDC’s conditional sailing order and the implementing orders exceed the authority delegated to CDC..."
Citing Florida's probability of success in court, the "imminent threat of irreparable injury" to the state and the threat to the public interest, the court will block the CDC from stopping any cruise ship from arriving at or departing from a port in the sunshine state.
However, the injunction doesn't take effect right away. It is stayed until July 18. At that point, the conditional sailing order and related measures would be only a "non-binding" consideration or recommendation, the court said.
"Beginning July 18, the CDC’s orders will become mere 'guidance,' and cruise ships will hit the open waters once again free from the CDC," Florida Gov. Ron DeSantis' Office wrote in a statement. "As Florida continues to thrive while open for business, the return of the cruise industry marks an important milestone in the fight for freedom."
If the federal government continues the cruise battle with Florida, it will have to file more court paperwork – and quickly. Between now and July 2, the CDC will be able to propose a narrower injunction that would allow cruise ships to sail while remaining within the center's authority as interpreted by the latest court order.
"The motion for the proposed injunction must support the proposed terms with current scientific evidence and fully disclose — if unavailable to the public — scientific evidence, including methodology, raw data, analysis, and the like and the names and qualifications of the scientists participating in the study, modeling, or the like," the court wrote.
If the CDC proposes such a narrower injunction, Florida would have to file a response within a week, which would lead to a hearing.
“Today’s ruling is a victory for the hardworking Floridians whose livelihoods depend on the cruise industry," Attorney General Ashley Moody wrote in a statement. "The federal government does not, nor should it ever, have the authority to single out and lock down an entire industry indefinitely. I am excited to see the cruise industry get sailing again, and proud to stand with Governor Ron DeSantis against illegal federal overreach and draconian lockdown measures.”
In a statement, DeSantis claimed the CDC was wrong in its handling of cruise restrictions and knew it.
“The CDC and the Biden Administration concocted a plan to sink the cruise industry, hiding behind bureaucratic delay and lawsuits," DeSantis wrote. "Today, we are securing this victory for Florida families, for the cruise industry, and for every state that wants to preserve its rights in the face of unprecedented federal overreach.”
At a press conference the week following the court's ruling, the governor called the situation a "strong victory."
"We won convincingly. It's an opinion that was-- incredible opinion by the district judge that will absolutely be upheld by the 11th Circuit. I think it's important for the folks that are involved in that industry to be able to have a path forward but I also think that it's beyond just the cruise," DeSantis said before outlining what he deemed to be government overstep during the COVID-19 pandemic.
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