Judge Kathleen Williams ruled it unconstitutional for businesses to ban a customer requirement of receiving the COVID-19 vaccine.
What We Know:
- The U.S. District judge also granted Norwegian Cruise Line (NCL) a preliminary injunction that temporarily blocks the “vaccine passport ban.” In May, Florida Gov. Ron DeSantis signed Senate Bill 2006 into action, which limited the government’s ability to impose mask requirements and other social distancing measures. Senate Bill 2006 also restricts businesses from asking customers for proof of vaccination.
- Last month, NCL filed a case against the State of Florida. The company initially asserted that the ban jeopardized the health and safety of passengers and crew members. Norwegian Cruise Line company additionally mentioned one could consider the ban and infringement on the First Amendment free speech guarantee. Officials took it a step further on Aug. 6 by asking Williams to block the state law.
- Williams said the “First Amendment, applicable to the States through the Fourteenth Amendment,” does not allow states to create laws that abridge freedom of speech. In addition, she declared a state could not restrict expression because of its message, ideas, content, or subject matter.
- Judge Williams even stated that Florida did not provide “a valid evidentiary, factual, or legal predicate” for prohibiting citizens from showing vaccination proof. Furthermore, she affirmed that NCL demonstrated that public health might be affected if it suspends a vaccination requirement.
- In response to the Aug. 8 ruling, president and CEO of Norwegian Cruise Line Holdings, Frank Del Rio, wrote in a statement that the company’s lengths to keep the vaccine requirement in place proves its dedication to safe sailings. He also reported that NCL believes that “the safest and most prudent way” to resume operations is with 100% fully vaccinates guests and workers, as the ruling declared.
Norwegian Cruise Line’s Norwegian Gem will depart from the Port of Miami on Aug. 15. It will be NCL’s first ship to set sail from Florida since the cruise industry shut down in March 2020.
