Judge defers decision on Florida's Emergency Motion to Enforce the Preliminary Injunction (CDC mask update)

[brentm77]

When the Eleventh Circuit reversed its decision on the stay of the preliminary injunction, thereby removing the CDC's ability to enforce the Conditional Sailing Order ("CSO"), the CDC did the following:

On July 23, the CDC issued a “Dear Colleague Letter” to the cruise industry. Among other things, the letter “requests” cruise ship operators “to inform the CDC Maritime Unit of any ships operating out of Florida ports that will continue to follow all of the CSO’s provisions on a voluntary basis.” For a ship operator deciding not to notify CDC of voluntary compliance with the conditional sailing order, CDC’s letter states that, effective immediately, (1) the ship operator must report to a quarantine station an on-board episode of illness or death; (2) the ship operator must comply with the inspection and sanitary measures in 42 C.F.R. §§ 71.31 and 71.32; (3) CDC will designate the ship operator as “gray” (meaning CDC cannot confirm that the ship operator’s health protocols align with CDC’s COVID-19 standards); and (4) CDC will begin enforcing CDC’s “Mask Order” for anyone in the outdoor area of a public transportation conveyance (such as the open-air area of a cruise ship).

That same day, Florida filed the motion, arguing that the CDC was attempting to coerce the cruise industry to comply with the unenforceable CSO. The CDC countered that the court and Florida contemplated that ships might voluntarily comply with the order, and the letter merely reminds operators of the CDC's other longstanding regulations, which Florida previously acknowledged it could enforce.

The next day the CDC backtracked on the mask order, by sending a letter on to the industry dated July 24, which said it was evaluating the order and it would not enforce it for ships arriving in, within, or departing from Florida, regardless of whether the ship has chosen to follow the CSO, and it will let the industry know if it changes its mind again.

The court deferred a decision on the motion, saying Florida was anticipating a violation that had not yet occurred, and Florida could renew its motion if the CDC actually violates the injunction in the future, including if the CDC has any pattern of "vexatious, harassing, coercive, discriminatory, bad faith, or retaliatory conduct that amounts in effect to CDC’s undertaking to enforce a matter that CDC is enjoined from enforcing or undertaking to punish, harass, or retaliate against a ship operator for not voluntarily complying with the conditional sailing order, the Dear Colleague Letter, or a later message from CDC directed to a similar end."

*This is a factual update on the case as it affects masking protocols and the cruise industry opening - please don't respond with political comments.

 

[dad of 3 addicted to DCL]

Holy smokes. Is the CDC trying to exploit a loophole here? Speculation, I know, but the letter followed by a backtrack...someone would be fired at my command for embarrassing us in such a way.

 

[armystrongice]

Great news.

 

[jrapps]

Did the state of FL just assume that the CDC was going to slink away, tail between it’s legs? You know the old saying, be careful what you wish for. FL wanted a world where the CDC treated cruises the same as other industries it can regulate. The CSO in effect provided exceptions to cruise lines for mask mandates. If lines choose to longer abide by the CSO, the CDC is fully in its power to enforce the same mandates that require masks on planes at all times.

At the same time, all of this is irrelevant. The injunction was a victory without a victor. To date, not a single cruise line has chosen to bypass the CSO. Some have even publicly stated their intent to follow it as if it still is enforced. I’m just not really sure who won here, and what it was that they won. Nothing has or will change.