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NCL -v- FL Preliminary Injunction Live Video Friday 8/6 @ 10AM Access


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For those that want to observe the proceedings online tomorrow, here is the docket instructions for the link to the video conference and the passcode.

 

08/05/2021 41  PAPERLESS ORDER. The preliminary injunction hearing scheduled for August 6, 2021 at 10:00 AM will be conducted by videoconference. To observe, please use the link: https://www.zoomgov.com/j/1613543192?pwd=RGJGU3ZKVytMbDNxenNmQlUvaVRFdz09 and the Passcode 923561. Interested members of the public are welcome to observe the proceeding.

 

 

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Usually, these proceedings via these streams on highly public cases are amazing insights as to how the parties plead and how the system works.  You get an 'unfiltered' look at what the sides argue. 

 

Yes, a little bit different as a videoconference to observe, but good opportunity.

 

Please feel comfortable to comment, during the live online preliminary injunction hearing, during the live presentation.

 

 

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Posted (edited)

So far it seems the FL lawyer is arguing against CDC rules and not the claims NCL made...of course I am no lawyer so this may be relevant, but seems odd to me.

 

Seems the judge agreed with several points NCL made but no rubber stamp. Remains to be seen how hard she grills FL's lawyer. She isn't agreeing with FLs lawyer, but really no indication so far how this could go.

 

NCL argued that FL isn't really preventing discrimination, in fact it is promoting it. FL is arguing that since there is no "law" allowing cruises to require vaccines, that there is no federal law to supersede the state law.

 

I need to make popcorn.

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The judge just cited how Carnival is cruising in FL and read the exact language on Carnivals site as to their "requirement" of providing vaccine documentation and is asking why Carnival is not violating the statute, but FL claims that NCL's plan is.

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And now she cited Royals plan to require all passengers on Allure to require vaccines to dock at USVI. FL's lawyer is being forced to state that Carnival and Royal are in violation of statute.

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1 minute ago, jrapps said:

And now she cited Royals plan to require all passengers on Allure to require vaccines to dock at USVI. FL's lawyer is being forced to state that Carnival and Royal are in violation of statute.

Interesting.  Do we know if Carnival or Royal have actually refused to board someone because they did not show proof of vaccination?  The way the law is worded I would have thought there is no violation before that point.

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The grilling continues...she is asking why passengers can't choose to go on other cruise lines if they don't agree with Norwegians policies.

 

She also had the lawyer admit that they have no jurisdiction once the cruise leaves port. FL's entire claim is that the law prevents them from discriminating at boarding.

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2 minutes ago, Karaboudjan said:

Interesting.  Do we know if Carnival or Royal have actually refused to board someone because they did not show proof of vaccination?  The way the law is worded I would have thought there is no violation before that point.

Very grey area here. 

 

Carnival has denied in the sense that they have an exception process to allow 5% unvaccinated onboard and people have had their reservations cancelled prior to boarding date because their exception was not approved.

 

Royal has said they are requiring vaccines for USVI but none of those cruises have sailed yet.

 

 

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OK now it SEEMS the judge is leaning toward NCL. She wants to to know specifically if any business is allowed to refuse business if they ask people if they are vaccinated (not asking for documentation).

 

She is also asking why employers can require employees to be vaccinated, but can't require customers.

 

The FL lawyer is fumbling.

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11 minutes ago, jrapps said:

And now she cited Royals plan to require all passengers on Allure to require vaccines to dock at USVI. FL's lawyer is being forced to state that Carnival and Royal are in violation of statute.


Which to me shows that the Florida law impermissibly interferes with interstate and international commerce. 

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FL lawyer is arguing that the law only bans "vaccine passports" but if businesses start asking verbal attestation if you are vaccinated, then the FL legislature is free to pass another law making THAT illegal.

 

NCL's argument earlier was that the law only benefits liars...if you say Yes you are vaccinated but cant prove it, then you are the person who is protected by this law.

 

 

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Just now, JC5240 said:

The FL lawyer is very comical everything is being super contradicted. 

Yes I love how he just contradicted himself claiming that Carnival is sailing 95% vaccinated, but when the judge asked him how they can prove that due to the law, he sidestepped it. He is claiming that Carnival is not mandating people show proof, except the judge already read the clause where Carnival said they specifically WERE requiring it.

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1 minute ago, Turtles06 said:

I think the FLA lawyer is misrepresenting what Celebrity is doing to ensure a minimum of 95% vaxxed guests. He’s making it sound like this is just happening by chance. 

He is, but the judge isn't buying it.

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Even if the Judge grants the injunction, they have already said that the scope of the injunction request is limited to cruise lines....so we aren't going to see the entire law struck down, but we might see a narrow injunction for cruise lines here today.

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