The Sunshine State filed an emergency application Friday arguing the federal agency’s order regarding cruise ships is “manifestly beyond its authority” and has cost Florida “tens of millions of dollars.”
“It will continue to do so until all ships are able to sail free from the CDC’s mandates,” the court document read. “That is most unlikely to happen soon, especially given the many families who will be unable to sail until their young children are eligible for and administered COVID-19 vaccines.”
The state’s plea to the nation’s top court comes after a federal appeals court sided with the CDC in the ongoing legal battle over virus-related guidelines for cruising.
The 2-to-1 decision issued Saturday by the appeals court judges stays, or temporarily blocks, a Tampa federal judge’s earlier ruling that the CDC could not enforce its framework for the return of cruises.
Governor Ron DeSantis, a Republican, vowed on Monday to keep fighting the federal agency over the COVID-19 mandates.
“I think most courts at this point have had their limit with the CDC issuing these dictates without a firm statutory basis,” DeSantis told reporters. “So I’m confident that we’d win on the merits at the full 11th Circuit, and I’m confident we’d win the Supreme Court.”
In March 2020, the CDC halted all cruises following a series of infections aboard large ships. Since then, the agency has laid out a four-phase framework that allows cruise companies to resume operations if it meets certain criteria.
The agency has argued in court that the rules are necessary to prevent future mass infections on ships, which they noted are especially vulnerable to outbreaks because of close living quarters and stops at foreign ports.
“The undisputed evidence shows that unregulated cruise ship operations would exacerbate the spread of COVID-19, and that the harm to the public that would result from such operations cannot be undone,” the CDC said in a court filing.
Florida said in its filing to the Supreme Court that it acknowledges the cruising industry will “never be a zero-risk activity, as does the CDC.”
“But the pandemic began 16 months ago,” the state wrote in its application. “Society is reopening. Industries have learned to mitigate COVID-19 by voluntarily altering their business practices, and cruise lines should be given that same opportunity.”
Newsweek reached out to the CDC for comment, but didn’t receive a response before publication.