Would you take a cruise right now, not knowing whether or not your fellow passengers have been vaccinated against COVID-19?
For many cruise lines preparing to launch summer voyages outside the U.S., the key to a successful restart is proof of vaccination - or the so-called "vaccine passport."
Cruising has been shut down since March 2020, and the last thing any cruise executive wants is an outbreak on a ship. Vaccines are the closest thing to guard against those nightmare scenarios we saw early last year.
As cruise lines work toward - and hope for - approval from the Centers of Disease Control & Prevention (CDC) to restart operations as early as July, an interesting conundrum has arisen in Florida.
Gov. Ron DeSantis has taken measures to keep the state open to tourists, even suing the CDC to revoke its conditional sail order that has idled cruise ships.
On the other hand, DeSantis also has prohibited businesses from asking for proof of vaccination, because it would "reduce individual freedom," "harm patient privacy" and "create two classes of citizens based on vaccination." That ban includes cruise ships.
"The Governor's Executive Order provides that businesses in Florida are prohibited from requiring patrons or customers to provide any documentation certifying COVID-19 vaccination or post-transmission recovery to gain access to, entry upon, or service from the business," press secretary Cody McCloud said in an email to the South Florida Sun Sentinel newspaper. "Therefore, the Executive Order prohibits cruise lines from requiring vaccine passports for their Florida operations."
The CDC will determine when and how cruising is allowed. It must be convinced cruise ships have protocols that keep passengers healthy and safe. And most cruise lines are instituting a vaccine mandate as they return to operations, at least initially.
"We believe that through a combination of 100 percent mandatory vaccinations for guests and crew and science-backed public health measures ... we can create a safe, 'bubble-like' environment for guests and crew," Frank Del Rio, president and CEO of Norwegian Cruise Line Holdings, wrote in an April 5 letter to the CDC asking for approval to restart cruising from the U.S. in early July.
It doesn't appear DeSantis can have it both ways, and attorneys familiar with maritime law told the Sun Sentinel that DeSantis doesn't have the authority to force a vaccine ban on foreign-flagged vessels.
We'll all be watching closely to see how this all works out.
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