Alaska joins lawsuit against CDC

[DCGuy64]

https://www.cruisehive.com/alaska-joins-florida-to-sue-the-cdc-due-to-cruise-shutdown/49948

 

Good.

 

[mugtech]

Not gonna be an Alaska cruise season not matter what happens in US courts.  Next they gotta get Canada to open ports or change the law requiring a foreign port or start visiting Kamchatka. 

 

[Jimbo]

Pointless....

[DCGuy64]

6 minutes ago, Jimbo said:

Pointless....

Always the optimist, Jimbo, always the optimist! 😆

[Jimbo]

10 minutes ago, DCGuy64 said:

Always the optimist, Jimbo, always the optimist! 😆

Sorry, it's just not the right time to cruise yet. Be patience the time will come.

 

If conditions were better I would be on a ship.

Edited April 21, 2021 by Jimbo

[DCGuy64]

Just now, Jimbo said:

Sorry, it's just not the right time to cruise yet. Be patience the time will come.

 

If conditions were better I would be on a ship.

I get it. Well we've had 3 cruises cancelled so far in the last year so we're pretty sick and tired of waiting. We now have two cruises booked for later this year and are really looking forward to them. (Both outside the US so CDC rules don't apply)

Good luck to you and hopefully you'll be cruising again soon, too. 😃

[LBumb]

Time to eliminate port of call outside us

[cruise wizard]

People are just so frustrated and some States are listening and acting accordingly. Let's just call the States lawsuits a "peaceful protest"...............not burning, looting or destroying property..............just trying to have another point of view expressed. It's about time!!!!!

[Tatka]

52 minutes ago, LBumb said:

Time to eliminate port of call outside us

 

 Not possible... Can you imagine airlines using this precedent? Scary perspective for our ours.

[chengkp75]

55 minutes ago, LBumb said:

Time to eliminate port of call outside us

Yep, do that and Golden Eagle Ferry in your town suddenly gets to reflag to Panama, and hire Indonesian crew.

[Stallion]

Does anybody know whether they have set a preliminary injunction hearing date or emergency discovery timetable in this case? If you don't hear about that in the next few weeks this lawsuit isn't going to achieve much if anything

Edited April 21, 2021 by Stallion

[HUNKY]

"Time to eliminate port of call outside us"

 

Just have it apply ONLY to cruise ships!

 

Time to think logically.

[ArthurUSCG]

2 hours ago, chengkp75 said:

Yep, do that and Golden Eagle Ferry in your town suddenly gets to reflag to Panama, and hire Indonesian crew.

Along with the dinner cruises, and river boat cruise ships.

[chengkp75]

2 hours ago, HUNKY said:

"Time to eliminate port of call outside us"

 

Just have it apply ONLY to cruise ships!

 

Time to think logically.

Sorry, have to think legally.  The legal definition of "passenger vessel" is any vessel that carries "more than 12 persons for hire".  Until that definition is changed in SOLAS (get the majority of the 162 signatory nations to agree), it can then be changed in US law, since being signatory to SOLAS means that we have adopted SOLAS into US law, in its entirety.  So, there is no legal way to parse out cruise ships from passenger vessels, and remember, it is the Passenger Vessel Services Act, not the Cruise Vessel Services Act.

 

Also, American Cruise Lines, Uncruise, and Alaska Dream Cruises might have something to say about allowing foreign flag ships into a domestic market, since they all are US flag, and have to adhere to the more onerous (and costly) US flag regulations.

Edited April 21, 2021 by chengkp75

[ryano]

5 hours ago, mugtech said:

Not gonna be an Alaska cruise season not matter what happens in US courts. 

 

At this point, I sure hope you are correct. 

[dswallow]

On 4/21/2021 at 1:03 PM, Stallion said:

Does anybody know whether they have set a preliminary injunction hearing date or emergency discovery timetable in this case? If you don't hear about that in the next few weeks this lawsuit isn't going to achieve much if anything

 

Florida filed a motion for Preliminary Injunction today (document #9):

 

(21.04.22_for filing) Cruise Draft PI Motion.docx (2150.com)

 

 

For reference, the original complaint (document #1):

 

047122852585_Fla-v-HHS-and-CDC-Complaint.pdf (2150.com)

 

 

Here's a screen cap of the current docket:

 

[Stallion]

Interesting-I read the Motion for Preliminary Injunction and saw no citation to expert medical testimony about the potential harm caused by an international Covid 19 pandemic. Since the State of Florida bears the burden of establishing that they are likely to succeed on the merits including the "best interests of the public" and that the limitations are arbitrary and capricious I have trouble seeing how they can overcome the presumption in favor of the CDC whose job is to protect the public health. Also no mention of a hearing date or expedited discovery. 

[dswallow]

12 minutes ago, Stallion said:

Interesting-I read the Motion for Preliminary Injunction and saw no citation to expert medical testimony about the potential harm caused by an international Covid 19 pandemic. Since the State of Florida bears the burden of establishing that they are likely to succeed on the merits including the "best interests of the public" and that the limitations are arbitrary and capricious I have trouble seeing how they can overcome the presumption in favor of the CDC whose job is to protect the public health. Also no mention of a hearing date or expedited discovery. 

 

I didn't download any of the cited attachments. But I suppose there's possibly something in one of those, but again I guess if it isn't referenced in the motion to point to it, there's probably not anything terribly specific.  If there's an attachment you think might be worth seeing let me know.

 

[Vera/Lee]

1 hour ago, dswallow said:

 

Florida filed a motion for Preliminary Injunction today (document #9):

 

(21.04.22_for filing) Cruise Draft PI Motion.docx (2150.com)

 

 

For reference, the original complaint (document #1):

 

047122852585_Fla-v-HHS-and-CDC-Complaint.pdf (2150.com)

 

 

Here's a screen cap of the current docket:

 

I was surprised to read that Gov. DeSantis graduated from Yale University and Harvard Law School. He also served as an officer and attorney in JAG. That gives me confidence that he knows what he's doing. 

[dswallow]

A few more filings today:

 

 

State of Alaska's Supplement Motion to Intervene (document #10):
047122907915_AlaskaSupplementMotionToIntervene.pdf (2150.com)

Request for Oral Argument (document #11):
Request for Oral Argument.docx (2150.com)

[DarthGrady]

I wish them the best of luck. Although it's likely just political wheel-spinning, I'm glad DeSantis is taking them to task. It's time for a hard restart date for those of us comfortable with the risk.

 

To quote the great Frank Drebin: "You take a risk getting up in the morning, crossing the street, or sticking your face in a fan"

[smokeybandit]

4 hours ago, dswallow said:

Florida filed a motion for Preliminary Injunction today (document #9):

 

(21.04.22_for filing) Cruise Draft PI Motion.docx (2150.com)

 

Seems like a good set of arguments to me. I may be biased though.

[smokeybandit]

3 hours ago, Stallion said:

Interesting-I read the Motion for Preliminary Injunction and saw no citation to expert medical testimony about the potential harm caused by an international Covid 19 pandemic. Since the State of Florida bears the burden of establishing that they are likely to succeed on the merits including the "best interests of the public" and that the limitations are arbitrary and capricious I have trouble seeing how they can overcome the presumption in favor of the CDC whose job is to protect the public health. Also no mention of a hearing date or expedited discovery. 

 

The whole point of the motion is that the CDC has overstepped its bounds in doing its job to protect the public health.

[HUNKY]

The bill has been blocked by...Senator Patty Murray (D-Wash.) objected, preventing the bill from passing, according to the RoyalCaribbeanBlog.

 

[dswallow]

Notice of hearing, Motion for Preliminary Injunction scheduled for 5/12/2021 at 9am, Tampa Courtroom 15A before Judge Steven D. Merryday.

http://www.2150.com/files/cc/8_21-cv-00839-SDM-AAS/047122915740_OrderNoticeOfHearing.pdf
 

 

There have been several other docket updates today, adding attorneys, some motions regarding the motion to intervene by Alaska.

Summary docket with links to several of the documents:

Florida v. HHS, CDC (2150.com)