Florida: NCL Is Granted Preliminary Injunction Allowing it to Sail with 100% Vaccination

[fstuff1]

https://www.nclhltd.com/news-media/press-releases/detail/431/norwegian-cruise-line-holdings-ltd-is-granted-preliminary

 

This order will now allow the Company to operate in the safest way possible with 100% vaccinationⁱ of all guests and crew when sailing from Florida ports. 
(Im assuming 100% vax for those 12 and over since the vax isnt approved for those under 12?)

 

When will Celebrity follow suit with 100% vax? (ie: Show your vax card)

and more importantly, will they stop the 72hr negative Covid test requirement before boarding?

 

Edited August 9, 2021 by fstuff1

[bandp407]

7 minutes ago, fstuff1 said:

https://www.nclhltd.com/news-media/press-releases/detail/431/norwegian-cruise-line-holdings-ltd-is-granted-preliminary

 

This order will now allow the Company to operate in the safest way possible with 100% vaccinationⁱ of all guests and crew when sailing from Florida ports. 
(Im assuming 100% vax for those 12 and over since the vax isnt approved for those under 12?)

 

When will Celebrity follow suit with 100% vax? (ie: Show your vax card)

and more importantly, will they stop the 72hr negative Covid test requirement before boarding?

 

Ditto !!! We applaud Frank Del Rio & NCL for suing DeSantis. Celebrity PLEASE follow suit!!

 

Thanks for posting!

[mom says]

13 minutes ago, fstuff1 said:

When will Celebrity follow suit with 100% vax? (ie: Show your vax card)

and more importantly, will they stop the 72hr negative Covid test requirement before boarding?

I can't read Celebrity's  corporate mind, so will not offer an opinion on that. On second thought- unless X wants to ban children under the age of 12, how can they sail with 100% vaxxed? However, I certainly hope NCL is successful in their suit.

 

The current policy for pre embarkation COVID tests for all passengers has little, to nothing, to do with the vaccination  status of the pax, and everything to do with the surge of the Delta Variant which is highly transmissible even amongst those who are vaccinated.  Thus I hope the testing requirement for all should continue until the surge has subsided.

[canderson]

15 minutes ago, fstuff1 said:

... and more importantly, will they stop the 72hr negative Covid test requirement before boarding?

 

While the case result is good news, the answer to your question is unknown, because the reasoning behind that is still out of Celebrity's control.

 

The CDC grades each ship based on cases found aboard during a cruise.  Green (great), Orange, Yellow, and Red (no sail).  Even vaccinated pax can produce positive test results.

 

It takes ONLY >=0.1% of passengers testing positive on any cruise to place the ship in the Yellow level and start the CDC investigation.  That's 3 passengers out of 3,000.  Celebrity is already dealing with that problem.

 

For now, it's smarter for them to deal with the problem at the pier rather than onboard.

 

 

[BEAV]

Assuming DeSantis appeals, does this stop NCL from going forward with their plans of 100% vaccinated? Or can they press forward until an appellate court rules? 

[canderson]

Depends upon whether Fla can get injunctive relief somehow.  They were already court shopping for this case, but were not successful.

Edited August 9, 2021 by canderson

[oskidunker]

Seattle. Requires proof of vaccination now and the still require a negativevtest. Nothing will change as vaccinated people can carry the virus. 

[Jim_Iain]

16 minutes ago, oskidunker said:

Seattle. Requires proof of vaccination now and the still require a negativevtest. Nothing will change as vaccinated people can carry the virus. 

I believe the issue of the  court case is not if you can still get the virus but whether  a Governor and/or legislature can make it illegal for a company from requiring  proof of vaccination.   

 

Unlike  in Washington State it is illegal in Florida to REQUIRE a Vac certificate. 

[canderson]

3 minutes ago, Jim_Iain said:

Unlike  in Washington State it is illegal in Florida to REQUIRE a Vac certificate. 

I think that post was to point out that testing would continue regardless, which makes sense as it's an entirely different issue.

[ltcpda]

In anticipation of the possible requirement that all passengers obtain a negative Covid -19 test no more than 3 days prior to sailing, I contacted both CVS and Walgreens at the suggestion of a Celebrity employee.  The online registration for Walgreens is not working properly and I am informed they will only accept an appointment 3 days in advance of a sailing for a Rapid Antigen test and uncertain of a one hour result.  CVS will provide this test but with a 1-2 day result.  We require a one hour result to be certain this requirement will be satisfied.  Does anyone know of a solution to this problem?  

Thank You

[Jim_Iain]

5 minutes ago, ltcpda said:

In anticipation of the possible requirement that all passengers obtain a negative Covid -19 test no more than 3 days prior to sailing, I contacted both CVS and Walgreens at the suggestion of a Celebrity employee.  The online registration for Walgreens is not working properly and I am informed they will only accept an appointment 3 days in advance of a sailing for a Rapid Antigen test and uncertain of a one hour result.  CVS will provide this test but with a 1-2 day result.  We require a one hour result to be certain this requirement will be satisfied.  Does anyone know of a solution to this problem?  

Thank You

I had the same results in my area (California).   I contacted my health care provider and they told me to book one at a Rapid Antigen site.   The also pointed me to an insurance reimbursement portal on their site and advised I would be reimbursed   I found one close to my home by Googling -  Rapid Antigen Test Near Me.   

 

The place I chose I am able to book a full month in advance and virtually any time I wanted.   As a side note I noticed that in the past couple days they raised the price form $99 I paid in advance  to $129.

[fstuff1]

1 hour ago, ltcpda said:

In anticipation of the possible requirement that all passengers obtain a negative Covid -19 test no more than 3 days prior to sailing, I contacted both CVS and Walgreens at the suggestion of a Celebrity employee.  The online registration for Walgreens is not working properly and I am informed they will only accept an appointment 3 days in advance of a sailing for a Rapid Antigen test and uncertain of a one hour result.  CVS will provide this test but with a 1-2 day result.  We require a one hour result to be certain this requirement will be satisfied.  Does anyone know of a solution to this problem?  

Thank You

 

a cvs somewhat close to me has Rapid-result test (antigen). results available within hrs.

if you select that testing option, it'll list the nearest testing cvs to your zipcode.

 

for me, it's 10 miles away even though there's like a dozen other cvs between me and that cvs.

i can make a rsvp up to 2 weeks in advance.

There's no time slots for tomorrow or the next day at my cvs.

 

so make your rsvp way in advance!

 

Edited August 9, 2021 by fstuff1

[Miaminice]

This is the same rule as Celebrity - 95/5 % were counted as 100%. The 5 % allowed for those who can’t be vaccinated like children under 12.

 

This was before some smart politician challenged the lines. Same will happen with NCL in Florida… 🙄

Edited August 9, 2021 by Miaminice

[fstuff1]

10 hours ago, Miaminice said:

This is the same rule as Celebrity - 95/5 % were counted as 100%. The 5 % allowed for those who can’t be vaccinated like children under 12.

 

This was before some smart politician challenged the lines. Same will happen with NCL in Florida… 🙄

 

no. b4 this ruling, the 5% also included adults.

 

and i think at non-FL ports,  100% vax means no kids under 12?

 

Edited August 9, 2021 by fstuff1

[BEAV]

6 minutes ago, fstuff1 said:

 100% vax means no kids under 12?

 

Correct. NCL’s website clearly states unvaccinated children are not allowed to sail on cruises departing through Oct. 31.

[bandp407]

1 minute ago, Dwight1 said:

Now the cruises will go to 100% vaccinated only, Under 12 and can’t vaccinate? On Celebrity it should be sorry, you can’t go now. 

Ditto!!!

[grandgeezer]

12 hours ago, Miaminice said:

This is the same rule as Celebrity - 95/5 % were counted as 100%. The 5 % allowed for those who can’t be vaccinated like children under 12.

 

This was before some smart politician challenged the lines. Same will happen with NCL in Florida… 🙄

"Smart politicians", isn't that an oxymoron?

[Jeremiah1212]

14 minutes ago, Dwight1 said:

Now the cruises will go to 100% vaccinated only, Under 12 and can’t vaccinate? On Celebrity it should be sorry, you can’t go now. 

 

FWIW - Celebrity could have prohibited anyone under 12 on Seattle cruises and chose not to. 

 

I could see the policy switching to required vaccinations for everyone 12+ but still allowing unvaccinated minors. It also depends on what others lines choose to do since they likely don't want to place themselves in a position where it makes their guidelines more favorable to the unvaccinated or loads of kids onboard. If they can't fit themselves under NCLH's injunction it really won't matter anyway. Everything will stay the same. 

[jgmorgan]

7 minutes ago, grandgeezer said:

"Smart politicians", isn't that an oxymoron?

With the exception of the "very stable genius".😂

[Turtles06]

56 minutes ago, Dwight1 said:

Now the cruises will go to 100% vaccinated only, Under 12 and can’t vaccinate? On Celebrity it should be sorry, you can’t go now. 

The preliminary injunction granted by the Judge applies only to Norwegian, not to any cruise lines not party to the case. 

[Turtles06]

3 minutes ago, Dwight1 said:

Are you sure other lines will not not file suit also? One ruling usually affects all other affected parties whether in the suit or not.

 

No one knows what the other lines will do. They were certainly content to sit it out and work around the Florida law, while only NCL filed suit.

 

As to the ruling itself, it is only a preliminary injunction, not the final disposition of the case, and the preliminary injunction itself expressly says that it applies only to the plaintiffs (NCLH), pending resolution of the case: 

 

"For the foregoing reasons, Plaintiffs’ Motion for Preliminary Injunction (DE 3) is GRANTED. Defendant is ENJOINED from enforcing Section 381.00316 against Plaintiffs pending resolution of the merits of this case."

 

https://www.2150.com/files/cc/1-21-cv-22492-KMW-CMM/43_051023674708_OrderGrantingPreliminaryInjunction.pdf?fbclid=IwAR3401GunVQGuBQGkeBGOzV34J_3BPToQpcsY0YJB4HiQuJswBnUDLVML7k

[CyberTag]

3 hours ago, Turtles06 said:

 

No one knows what the other lines will do. They were certainly content to sit it out and work around the Florida law, while only NCL filed suit.

 

As to the ruling itself, it is only a preliminary injunction, not the final disposition of the case, and the preliminary injunction itself expressly says that it applies only to the plaintiffs (NCLH), pending resolution of the case: 

 

"For the foregoing reasons, Plaintiffs’ Motion for Preliminary Injunction (DE 3) is GRANTED. Defendant is ENJOINED from enforcing Section 381.00316 against Plaintiffs pending resolution of the merits of this case."

 

https://www.2150.com/files/cc/1-21-cv-22492-KMW-CMM/43_051023674708_OrderGrantingPreliminaryInjunction.pdf?fbclid=IwAR3401GunVQGuBQGkeBGOzV34J_3BPToQpcsY0YJB4HiQuJswBnUDLVML7k

Wonder why the other cruise lines didn’t join in on the lawsuit? 

[Jeremiah1212]

2 minutes ago, CyberTag said:

Wonder why the other cruise lines didn’t join in on the lawsuit? 

 

Timing is my guess. By June most cruise lines had a somewhat comfortable path to start operations again. Cases were going down steadily. They were playing nice with the CDC. Celebrity found a workable solution with passengers 'volunteering' vaccine info. Then two weeks into July, Del Rio and DeSantis are in a clash of egos. Everyone else chose to focus on starting operations and working with what they had rather than pick another battle to fight. Other cruise lines can still potentially benefit from it but that part is going to take quite some time to work through the legal system.

[whirlybird3]

20 hours ago, oskidunker said:

Seattle. Requires proof of vaccination now and the still require a negativevtest. Nothing will change as vaccinated people can carry the virus. 

Are people who are unvaccinated or children allowed onboard?

[Jeremiah1212]

1 minute ago, whirlybird3 said:

Are people who are unvaccinated or children allowed onboard?

 

For Alaska only - all guests 12 and older must be vaccinated. Unvaccinated passengers 6 months-11years old are still allowed but with slightly different protocols.