Rare DCGuy64 Posted April 21, 2021 #1 Share Posted April 21, 2021 https://www.cruisehive.com/alaska-joins-florida-to-sue-the-cdc-due-to-cruise-shutdown/49948 Good. 2 Link to comment Share on other sites More sharing options...
mugtech Posted April 21, 2021 #2 Share Posted April 21, 2021 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. 5 Link to comment Share on other sites More sharing options...
Jimbo Posted April 21, 2021 #3 Share Posted April 21, 2021 Pointless.... 4 1 Link to comment Share on other sites More sharing options...
Rare DCGuy64 Posted April 21, 2021 Author #4 Share Posted April 21, 2021 6 minutes ago, Jimbo said: Pointless.... Always the optimist, Jimbo, always the optimist! 😆 1 Link to comment Share on other sites More sharing options...
Jimbo Posted April 21, 2021 #5 Share Posted April 21, 2021 (edited) 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 1 Link to comment Share on other sites More sharing options...
Rare DCGuy64 Posted April 21, 2021 Author #6 Share Posted April 21, 2021 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. 😃 1 Link to comment Share on other sites More sharing options...
LBumb Posted April 21, 2021 #7 Share Posted April 21, 2021 Time to eliminate port of call outside us 1 Link to comment Share on other sites More sharing options...
cruise wizard Posted April 21, 2021 #8 Share Posted April 21, 2021 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!!!!! 9 Link to comment Share on other sites More sharing options...
Tatka Posted April 21, 2021 #9 Share Posted April 21, 2021 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. Link to comment Share on other sites More sharing options...
chengkp75 Posted April 21, 2021 #10 Share Posted April 21, 2021 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. 6 Link to comment Share on other sites More sharing options...
Stallion Posted April 21, 2021 #11 Share Posted April 21, 2021 (edited) 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 1 Link to comment Share on other sites More sharing options...
HUNKY Posted April 21, 2021 #12 Share Posted April 21, 2021 "Time to eliminate port of call outside us" Just have it apply ONLY to cruise ships! Time to think logically. 1 Link to comment Share on other sites More sharing options...
ArthurUSCG Posted April 21, 2021 #13 Share Posted April 21, 2021 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. 1 Link to comment Share on other sites More sharing options...
chengkp75 Posted April 21, 2021 #14 Share Posted April 21, 2021 (edited) 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 6 Link to comment Share on other sites More sharing options...
ryano Posted April 21, 2021 #15 Share Posted April 21, 2021 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. 1 Link to comment Share on other sites More sharing options...
dswallow Posted April 22, 2021 #16 Share Posted April 22, 2021 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: 2 Link to comment Share on other sites More sharing options...
Stallion Posted April 22, 2021 #17 Share Posted April 22, 2021 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. 2 Link to comment Share on other sites More sharing options...
dswallow Posted April 22, 2021 #18 Share Posted April 22, 2021 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. Link to comment Share on other sites More sharing options...
Vera/Lee Posted April 22, 2021 #19 Share Posted April 22, 2021 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. 4 Link to comment Share on other sites More sharing options...
dswallow Posted April 22, 2021 #20 Share Posted April 22, 2021 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) Link to comment Share on other sites More sharing options...
DarthGrady Posted April 22, 2021 #21 Share Posted April 22, 2021 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" 2 1 Link to comment Share on other sites More sharing options...
smokeybandit Posted April 22, 2021 #22 Share Posted April 22, 2021 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. 2 Link to comment Share on other sites More sharing options...
smokeybandit Posted April 22, 2021 #23 Share Posted April 22, 2021 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. 5 Link to comment Share on other sites More sharing options...
HUNKY Posted April 23, 2021 #24 Share Posted April 23, 2021 The bill has been blocked by...Senator Patty Murray (D-Wash.) objected, preventing the bill from passing, according to the RoyalCaribbeanBlog. 1 Link to comment Share on other sites More sharing options...
dswallow Posted April 26, 2021 #25 Share Posted April 26, 2021 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) 2 Link to comment Share on other sites More sharing options...
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