Cruise Industry Sails on in Defiance of DeSantis
Norwegian Gem led the way with first ship of vaccinated passengers
The Port of Miami was full of smiling, cheering families late Sunday afternoon on Aug. 14, as the clouds parted and the sun emerged after a rainy morning. They were there to board the Norwegian Gem and head to the Caribbean, a promise of escape and relaxation after a long, embattled year making for heightened excitement.
For some passengers, it would be their first pandemic-era vacation. For Norwegian Cruise Line, the day marked its first sailing from Miami after a 17-month-long hiatus.
“You can feel the excitement,” said Carl, a Port of Miami porter supervisor. “It’s been a long time coming for a lot of these people.”
After arrival and baggage check, cruisers were directed to an area for rapid COVID-19 testing prior to boarding. Every passenger traveling on the Norwegian Gem was also vaccinated, a requirement the company had just won the legal right to enforce. The prior week, a federal judge ruled in favor of Norwegian Cruise Line Holdings after a long and bitter lawsuit against the state.
The third-largest cruise company in the world, parent to cruise brands Oceania Cruises, Regent Seven Seas and Norwegian Cruise Line, wanted to require all passengers show proof of COVID-19 vaccination before setting sail. After the company made the announcement earlier this year, Gov. Ron DeSantis signed Senate Bill (SB) 2006 into law, which bans “vaccine passports.” In turn, Norwegian threatened to pull its ships from Florida ports, which would have led to a massive economic fallout.
The company sued DeSantis and Florida Surgeon General Scott Rivkees in July, arguing the state law puts passengers and crew at risk, and violates the Constitution. Ultimately, U.S. Judge Kathleen Mary Williams agreed with them in her ruling.
SB 2006 took effect in July, allowing the state to fine businesses $5,000 every time they require a patron to provide proof of COVID-19 vaccination. The state argued the law was necessary to prevent discrimination against unvaccinated people and to protect individuals’ privacy. However, Williams said the law does not effectively prevent discrimination or protect privacy.
Cruise companies that have already been operating from Florida ports have gotten around the law by requesting “vaccine documents” from passengers in the booking process and making unvaccinated passengers pay extra fees and test frequently onboard, among other COVID-19 restrictions.
Williams said DeSantis’ law is a “content-based restriction” on speech, because it targets documentation but allows cruise lines to request other medical information and documentation from passengers before cruising. She also said the law unlawfully burdens interstate commerce, since Norwegian plans to visit Caribbean countries that require all visitors to be vaccinated.
The judge suggested an exemption to the law for cruise companies or interstate commerce. She also said that without an injunction, Norwegian would suffer irreparable damages and economic loss in the case of a coronavirus outbreak.
Ships operating with most of those on board being vaccinated have already encountered COVID-19 infections. Of the 66 ocean cruise ships currently operating in U.S. waters, about half have reported coronavirus cases on board.
The cruise industry employs approximately 40,000 people in South Florida and generates an estimated $7 billion for the local economy. Once a cornerstone of the state’s business landscape, cruise lines took a hard financial hit in 2020. Norwegian lost $4 billion last year and $1.37 billion in 2021’s first quarter.
Norwegian and other cruise lines cannot afford to stay shuttered and continue suspending operations out of cruise capital Miami. They also can’t afford to put their guests at risk or pay a $5,000 fine every time they defy DeSantis, which could add up to millions of dollars per cruise.
Although states with cruise ship port capability would gladly welcome Norwegian’s business, the company said it wishes to continue operating out of Florida and is thankful for the judge’s ruling.
“We want nothing more than to sail from Miami, the ‘Cruise Capital of the World,’ and from the other fabulous Florida ports … we welcome today’s ruling that allows us to sail with 100% fully vaccinated guests and crew which we believe is the safest and most prudent way to resume cruise operations amid this global pandemic,” said Norwegian Cruise Line Holdings CEO Frank Del Rio in a statement after Williams’ ruling was announced.
“The health and safety of our guests, crew and the communities we visit is our number one priority, today, tomorrow and forever,” Del Rio continued. “It’s not a slogan or a tagline, we fiercely mean it and our commitment to these principles is demonstrated by the lengths our company has gone through to provide the safest possible cruise experience from Florida.”
The ruling also paved the way for other cruise lines to follow in Norwegian's footsteps. On Aug. 24, Disney and Royal Caribbean announced they too will require proof of COVID-19 vaccinations for cruises departing from Florida homeports in September. Disney also says guests under age 12 will still have to provide proof of a negative COVID-19 test between 5 days and 24 hours prior to sail date and submit to another test at the terminal prior to boarding.
Other cruise lines are expected to follow suit as the delta variant threatens to slow bookings and hobble business. Guaranteeing passenger safety looks to be the best way to keep sailings afloat.
After fighting tooth and nail to prohibit the use of vaccine passports on cruises, it seems DeSantis has lost this battle, at least for now. The governor was expected to appeal the ruling to the 11th U.S. Circuit Court of Appeals.