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Court grants Preliminary Injunction preventing Florida from enforcing Section 381.00316 against plaintiffs NCL, et. al.


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Just now, JamieLogical said:

For Carnival to jump to mandatory masking mid-cruise, I suspect that the outbreak had to be fairly large and their other mitigation measures were no longer adequate.

 

I concur. Add to that to the fact that they aren't disclosing how many people tested positive and I think we have both come to a reasonable  conclusion.

 

It's a good thing the number onboard didn't reach the threshold. This is the part that makes me a bit cautious. Carnival didn't state how many people tested positive, nor to they state exactly how many people it takes to cancel a cruise. Was the Vista one person away from returing to port? five? a dozen? Looks like we will never know....

 

In a statement on their website, Carnival said should a "threshold" of COVID-19 be detected onboard, "the voyage will be ended, the ship returned to the port of embarkation," and "subsequent travel or return home may be restricted or delayed" for passengers.

Carnival did not specify the threshold need before a trip would be canceled.

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31 minutes ago, chengkp75 said:

So, businesses should not be allowed to request covid test results from people who show no symptoms?

I'm not sure.  Again, having a failing Covid test is exhibiting information about the current, then and existing health status whereas requiring documentation of a medical activity which took place many months ago is no indicator of an individuals present health status.

 

Should somebody who presents proof positive that they were fully vaccinated months ago but consistently tests positive for Covid be denied boarding on a 100% vaccinated cruise?  One would hope so...

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6 minutes ago, Daniel A said:

I'm not sure.  Again, having a failing Covid test is exhibiting information about the current, then and existing health status whereas requiring documentation of a medical activity which took place many months ago is no indicator of an individuals present health status.

 

Should somebody who presents proof positive that they were fully vaccinated months ago but consistently tests positive for Covid be denied boarding on a 100% vaccinated cruise?  One would hope so...

 

Past vaccination is certainly an indication that the person has a higher resistance to a communicable disease than the unvaccinated population.  While we don't know if they as an individual are susceptible to contracting the disease, we have reasonably high confidence that they are ~90% less likely to fall ill than someone without said vaccination.  That seems like more than "no" information.  A test reasonably confirms whether or not they're on the wrong side of the susceptibility odds at a given point in time. 

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1 hour ago, BermudaBound2014 said:

 

I concur. Add to that to the fact that they aren't disclosing how many people tested positive and I think we have both come to a reasonable  conclusion.

 

It's a good thing the number onboard didn't reach the threshold. This is the part that makes me a bit cautious. Carnival didn't state how many people tested positive, nor to they state exactly how many people it takes to cancel a cruise. Was the Vista one person away from returing to port? five? a dozen? Looks like we will never know....

 

In a statement on their website, Carnival said should a "threshold" of COVID-19 be detected onboard, "the voyage will be ended, the ship returned to the port of embarkation," and "subsequent travel or return home may be restricted or delayed" for passengers.

Carnival did not specify the threshold need before a trip would be canceled.

The CSO has thresholds of case numbers to reach Orange and Yellow status, and those can be calculated if you know the number of passengers.  However, to go from Yellow to Red does not seem number-based.  

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Here's a quote from Dr. Scott Gottlieb who appeared on CNBC today. He is currently the chair for SailSAFE Global Health and Wellness for the NCL brands.  

 

Large amounts of vaccinated people can still gather in a venue if there is some “semblance of a bubble” around it, he said. Vaccinated people who are getting infected are likely contracting the virus from unvaccinated people, and then spreading it to close contacts after being contagious for a brief window of time, the former FDA chief said.

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2 hours ago, Wheelhouse said:

Here's a quote from Dr. Scott Gottlieb who appeared on CNBC today. He is currently the chair for SailSAFE Global Health and Wellness for the NCL brands.  

 

Large amounts of vaccinated people can still gather in a venue if there is some “semblance of a bubble” around it, he said. Vaccinated people who are getting infected are likely contracting the virus from unvaccinated people, and then spreading it to close contacts after being contagious for a brief window of time, the former FDA chief said.

Sounds like Ship only excursions to protect the bubble?  Could be quite profitable if you can't leave the Ship unless you pay NCL to do so. Otherwise you will be outside the bubble on your own.

Edited by Nymich
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As the documents for the appeal Florida files become available I will be keeping this up to date. It may not be instantaneous after each filing, but not too long after, generally. Included is a link to PACER if you want to watch for it yourself, but it'll potentially cost a small amount of money if you accumulate more than $30.00 in charges over a quarter. 🙂

US Court of Appeals, 11th District, Case 12729, NCLH v. Florida (2150.com)

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