Judge Says Norwegian and other Cruise Lines Can Require Vaccine Passports in Florida

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Chase Hattaway and Michael Tessitore take a closer look at the recent ruling from the Southern District of Florida involving vaccine passport legality on the high seas. In Norwegian Cruise Line Holdings v. Rivkees, U.S. District Court Judge Kathleen M. Williams entered an order granting the motion for preliminary injunction sought by several cruise lines to enjoin Florida from enforcing Section 381.00316-Florida’s vaccine passport ban statute-pending resolution of the lawsuit. The court based its ruling on the cruise lines’ argument that the statute impermissibly restricted the cruise lines’ First Amendment rights and also that the statute ran afoul of the dormant commerce clause, as well as the unique issues presented in cruising during a global pandemic. This presentation will break down the court’s ruling, analyze the applicability of the legal arguments used by the cruise lines in other contexts, and give guidance on what businesses operating in Florida should know about vaccine passports going forward.

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