Norwegian Cruise Line sues Florida over vaccine passport ban
One of the world's biggest cruise companies is suing Florida over the state's so-called vaccine passport ban.
Norwegian Cruise Line Holdings on Tuesday filed a lawsuit in federal court against Florida's surgeon general, Scott Rivkees, to stop him from enforcing the ban, which was enacted as a state law earlier this year. The law says businesses in Florida can't require customers to show proof of a vaccine.
Norwegian Cruise Line Holdings is the parent company of Norwegian Cruise Line, which plans to restart cruises out of Florida on Aug. 15 with a requirement that all passengers show proof of a COVID-19 vaccine.
The company suggested it would have to cancel the sailings if the law was enforced.
"[A]fter months of Herculean efforts, [Norwegian Cruise Line Holdings] is at last set to resume sailing Aug. 15, 2021, in a way that will be safe, sound and consistent with governing law, particularly the Conditional Sailing Order administered by the Centers for Disease Control and Prevention (CDC)," the company noted in its complaint filed Tuesday in the U.S. District Court for the Southern District of Florida. "Yet one anomalous, misguided intrusion threatens to spoil [the company's] careful planning and force it to cancel or hobble upcoming cruises, thereby imperiling and impairing passengers’ experiences and inflicting irreparable harm of vast dimensions."
Norwegian Cruise Line Holdings executives have maintained for months that the only way to safely restart cruising this summer with COVID-19 still prevalent was for ships to sail only with passengers and crew who are vaccinated against the disease.
The company also has noted that its plans for requiring passengers to show proof of a COVID-19 vaccine is in keeping with recommendations issued both by the CDC and its own internal "healthy sail panel" of medical experts.
"In light of the recommendations from the healthy sail panel and other leading industry and public health advice, [the company] has concluded that the most effective way to ensure the health and safety of passengers and crew is to require full vaccination on cruises by everyone on board," Norwegian Cruise Line Holdings president and CEO Frank Del Rio said in a declaration that accompanied the company's complaint. "The fact that 34 million Americans have contracted COVID-19 and 600,000 have died tells me that the trifecta of mask-wearing, social distancing and washing hands [was] not sufficient to curb the transmission and effects of COVID-19."
Del Rio added that surveys are showing that the "vast majority" of the company's customers want an everyone-must-be-vaccinated rule for cruises.
"Thankfully, demand for NCLH cruises has returned with passengers ready to cruise even as concerns with COVID-19 persist," Del Rio said. "I attribute the demand for NCLH cruises in large part to our plan for 100% vaccination."
Del Rio added that only by verifying the vaccination status of cruise passengers could the company best guard against the introduction and spread of COVID-19 on its ships.
"I consider it irresponsible, counterproductive and damaging to our brand to deviate from that approach in order to make home ports in Florida viable," Del Rio said.
In the complaint, the company suggested it was caught between what was the right thing to do from a health and safety point of view and federal guidelines, and the Florida law.
The Florida law "places NCLH in an impossible dilemma as it prepares to set sail from Florida: NCLH will find itself either on the wrong side of health and safety and the operative federal legal framework, or else on the wrong side of Florida law," the company said in the complaint. "Because neither prospect is acceptable, NCLH must respectfully turn to this court seeking essential relief. Only with the benefit of prompt judicial relief suspending Florida’s prohibition can NCLH’s passenger cruises proceed as currently planned starting Aug. 15."
Among its central arguments in its lawsuit, Norwegian Cruise Line Holdings is suggesting that the Florida ban is preempted by federal law and also violates the First Amendment right to free speech.
Related: The ultimate guide to Norwegian Cruise Line
The company also argued that the Florida ban violates both the Dormant Commerce Clause of the U.S. Constitution and due process rules. The company said that, absent an injunction from the court to block enforcement of the ban, it would suffer irreparable harm.
The Florida vaccine passport ban was pushed by Florida Gov. Ron DeSantis, who initially issued it as an executive order.
In a statement sent to TPG, the press secretary for the governor, Christina Pushaw, called Norwegian Cruise Line Holdings' lawsuit meritless.
"Norwegian Cruise Line has made the disappointing and unlawful choice to join the CDC in discriminating against children and other individuals who cannot be vaccinated or who have opted not to be vaccinated for reasons of health, religion or conscience," the statement said. "Every other industry in Florida has safely reopened while still respecting the right of every Floridian to make their own medical choice when it comes to vaccinations."
The statement noted that around 40% of Florida's residents had not been vaccinated for COVID-19 and thus would be excluded from Norwegian ships if the line sailed with a vaccine requirement.
"This administration will not tolerate such widespread discrimination," the statement said.
The statement threatened Norwegian with fines of $5,000 for every passenger that the company requires to show proof of vaccination status when it resumes sailings from Florida.
Planning a cruise? Start with these stories:
- The 5 most desirable cabin locations on any cruise ship
- The 8 worst cabin locations on any cruise ship
- A quick guide to the most popular cruise lines
- 21 tips and tricks that will make your cruise go smoothly
- 15 ways cruisers waste money
- 12 best cruises for people who never want to grow up
- What to pack for your first cruise
Featured image an artist's drawing of Norwegian Prima, which is scheduled to debut in August 2022 courtesy of Norwegian Cruise Line.
TPG featured card
Rewards
| 4X | Earn 4X Membership Rewards® points per dollar spent on purchases at restaurants worldwide, on up to $50,000 in purchases per calendar year, then 1X points for the rest of the year. |
| 4X | Earn 4X Membership Rewards® points per dollar spent at US supermarkets, on up to $25,000 in purchases per calendar year, then 1X points for the rest of the year. |
| 3X | Earn 3X Membership Rewards® points per dollar spent on flights booked directly with airlines or on AmexTravel.com. |
| 2X | Earn 2X Membership Rewards® points per dollar spent on prepaid hotels and other eligible purchases booked on AmexTravel.com. |
| 1X | Earn 1X Membership Rewards® point per dollar spent on all other eligible purchases. |
Intro offer
Annual Fee
Recommended Credit
Why We Chose It
There’s a lot to love about the Amex Gold. It’s a fan favorite thanks to its fantastic bonus-earning rates at restaurants worldwide and at U.S. supermarkets. If you’re hitting the skies soon, you’ll also earn bonus Membership Rewards points on travel. Paired with up to $120 in Uber Cash annually (for U.S. Uber rides or Uber Eats orders, card must be added to Uber app and you can redeem with any Amex card), up to $120 in annual dining statement credits to be used with eligible partners, an up to $84 Dunkin’ credit each year at U.S. Dunkin Donuts and an up to $100 Resy credit annually, there’s no reason that foodies shouldn’t add the Amex Gold to their wallet. These benefits alone are worth more than $400, which offsets the $325 annual fee on the Amex Gold card. Enrollment is required for select benefits. (Partner offer)Pros
- 4 points per dollar spent on dining at restaurants worldwide and U.S. supermarkets (on the first $50,000 in purchases per calendar year; then 1 point per dollar spent thereafter and $25,000 in purchases per calendar year; then 1 point per dollar spent thereafter, respectively)
- 3 points per dollar spent on flights booked directly with the airline or with amextravel.com
- Packed with credits foodies will enjoy
- Solid welcome bonus
Cons
- Not as useful for those living outside the U.S.
- Some may have trouble using Uber and other dining credits
- You may be eligible for as high as 100,000 Membership Rewards® Points after you spend $6,000 in eligible purchases on your new Card in your first 6 months of Card Membership. Welcome offers vary and you may not be eligible for an offer. Apply to know if you’re approved and find out your exact welcome offer amount – all with no credit score impact. If you’re approved and choose to accept the Card, your score may be impacted.
- Earn 4X Membership Rewards® points per dollar spent on purchases at restaurants worldwide, on up to $50,000 in purchases per calendar year, then 1X points for the rest of the year.
- Earn 4X Membership Rewards® points per dollar spent at US supermarkets, on up to $25,000 in purchases per calendar year, then 1X points for the rest of the year.
- Earn 3X Membership Rewards® points per dollar spent on flights booked directly with airlines or on AmexTravel.com.
- Earn 2X Membership Rewards® points per dollar spent on prepaid hotels and other eligible purchases booked on AmexTravel.com.
- Earn 1X Membership Rewards® point per dollar spent on all other eligible purchases.
- $120 Uber Cash on Gold: Add your Gold Card to your Uber account and get $10 in Uber Cash each month to use on orders and rides in the U.S. when you select an American Express Card for your transaction. That’s up to $120 Uber Cash annually. Plus, after using your Uber Cash, use your Card to earn 4X Membership Rewards® points for Uber Eats purchases made with restaurants or U.S. supermarkets. Point caps and terms apply.
- $84 Dunkin' Credit: With the $84 Dunkin' Credit, you can earn up to $7 in monthly statement credits after you enroll and pay with the American Express® Gold Card at U.S. Dunkin' locations. Enrollment is required to receive this benefit.
- $100 Resy Credit: Get up to $100 in statement credits each calendar year after you pay with the American Express® Gold Card to dine at U.S. Resy restaurants or make other eligible Resy purchases. That's up to $50 in statement credits semi-annually. Enrollment required.
- $120 Dining Credit: Satisfy your cravings, sweet or savory, with the $120 Dining Credit. Earn up to $10 in statement credits monthly when you pay with the American Express® Gold Card at Grubhub, The Cheesecake Factory, Goldbelly, Wine.com, and Five Guys. Enrollment required.
- Explore over 1,000 upscale hotels worldwide with The Hotel Collection and receive a $100 credit towards eligible charges* with every booking of two nights or more through AmexTravel.com. *Eligible charges vary by property.
- No Foreign Transaction Fees.
- Annual Fee is $325.
- Terms Apply.
Rewards Rate
| 4X | Earn 4X Membership Rewards® points per dollar spent on purchases at restaurants worldwide, on up to $50,000 in purchases per calendar year, then 1X points for the rest of the year. |
| 4X | Earn 4X Membership Rewards® points per dollar spent at US supermarkets, on up to $25,000 in purchases per calendar year, then 1X points for the rest of the year. |
| 3X | Earn 3X Membership Rewards® points per dollar spent on flights booked directly with airlines or on AmexTravel.com. |
| 2X | Earn 2X Membership Rewards® points per dollar spent on prepaid hotels and other eligible purchases booked on AmexTravel.com. |
| 1X | Earn 1X Membership Rewards® point per dollar spent on all other eligible purchases. |
Intro Offer
You may be eligible for as high as 100,000 Membership Rewards® Points after spending $6,000 in eligible purchases on your new Card in your first 6 months of Membership. Welcome offers vary and you may not be eligible for an offer.As High As 100,000 points. Find Out Your Offer.Annual Fee
$325Recommended Credit
Credit ranges are a variation of FICO® Score 8, one of many types of credit scores lenders may use when considering your credit card application.Excellent to Good
Why We Chose It
There’s a lot to love about the Amex Gold. It’s a fan favorite thanks to its fantastic bonus-earning rates at restaurants worldwide and at U.S. supermarkets. If you’re hitting the skies soon, you’ll also earn bonus Membership Rewards points on travel. Paired with up to $120 in Uber Cash annually (for U.S. Uber rides or Uber Eats orders, card must be added to Uber app and you can redeem with any Amex card), up to $120 in annual dining statement credits to be used with eligible partners, an up to $84 Dunkin’ credit each year at U.S. Dunkin Donuts and an up to $100 Resy credit annually, there’s no reason that foodies shouldn’t add the Amex Gold to their wallet. These benefits alone are worth more than $400, which offsets the $325 annual fee on the Amex Gold card. Enrollment is required for select benefits. (Partner offer)Pros
- 4 points per dollar spent on dining at restaurants worldwide and U.S. supermarkets (on the first $50,000 in purchases per calendar year; then 1 point per dollar spent thereafter and $25,000 in purchases per calendar year; then 1 point per dollar spent thereafter, respectively)
- 3 points per dollar spent on flights booked directly with the airline or with amextravel.com
- Packed with credits foodies will enjoy
- Solid welcome bonus
Cons
- Not as useful for those living outside the U.S.
- Some may have trouble using Uber and other dining credits
- You may be eligible for as high as 100,000 Membership Rewards® Points after you spend $6,000 in eligible purchases on your new Card in your first 6 months of Card Membership. Welcome offers vary and you may not be eligible for an offer. Apply to know if you’re approved and find out your exact welcome offer amount – all with no credit score impact. If you’re approved and choose to accept the Card, your score may be impacted.
- Earn 4X Membership Rewards® points per dollar spent on purchases at restaurants worldwide, on up to $50,000 in purchases per calendar year, then 1X points for the rest of the year.
- Earn 4X Membership Rewards® points per dollar spent at US supermarkets, on up to $25,000 in purchases per calendar year, then 1X points for the rest of the year.
- Earn 3X Membership Rewards® points per dollar spent on flights booked directly with airlines or on AmexTravel.com.
- Earn 2X Membership Rewards® points per dollar spent on prepaid hotels and other eligible purchases booked on AmexTravel.com.
- Earn 1X Membership Rewards® point per dollar spent on all other eligible purchases.
- $120 Uber Cash on Gold: Add your Gold Card to your Uber account and get $10 in Uber Cash each month to use on orders and rides in the U.S. when you select an American Express Card for your transaction. That’s up to $120 Uber Cash annually. Plus, after using your Uber Cash, use your Card to earn 4X Membership Rewards® points for Uber Eats purchases made with restaurants or U.S. supermarkets. Point caps and terms apply.
- $84 Dunkin' Credit: With the $84 Dunkin' Credit, you can earn up to $7 in monthly statement credits after you enroll and pay with the American Express® Gold Card at U.S. Dunkin' locations. Enrollment is required to receive this benefit.
- $100 Resy Credit: Get up to $100 in statement credits each calendar year after you pay with the American Express® Gold Card to dine at U.S. Resy restaurants or make other eligible Resy purchases. That's up to $50 in statement credits semi-annually. Enrollment required.
- $120 Dining Credit: Satisfy your cravings, sweet or savory, with the $120 Dining Credit. Earn up to $10 in statement credits monthly when you pay with the American Express® Gold Card at Grubhub, The Cheesecake Factory, Goldbelly, Wine.com, and Five Guys. Enrollment required.
- Explore over 1,000 upscale hotels worldwide with The Hotel Collection and receive a $100 credit towards eligible charges* with every booking of two nights or more through AmexTravel.com. *Eligible charges vary by property.
- No Foreign Transaction Fees.
- Annual Fee is $325.
- Terms Apply.