CDC Appeals DeSantis Lawsuit; Cruise Regulations Temporarily Upheld by U.S. Court

The requirements set forth by the U.S. Centers for Disease Control and Prevention (CDC), which have enabled certain cruise ships to resume sailing from the United States, will stay in effect for now, as a U.S. appellate court states, pending the outcome of an appeal by the CDC.

In a 2-to-1 decision on Saturday, the U.S. Court of Appeals for the 11th Circuit granted a stay that will, at least for the time being, permit the CDC to enforce its Framework for Conditional Sailing Order restrictions on cruise lines operating from Florida.

This order, which replaced the CDC's No-Sail Order in late 2020, mandates that ships departing from the U.S. must carry at least 95% of passengers fully vaccinated. Cruise lines that cannot meet this requirement must undertake test sailings, allowing CDC officials to review protocols with officers and crew on each ship prior to its departure.

In April, Florida Governor Ron DeSantis initiated a lawsuit against the CDC and the U.S. Department of Health and Human Services, aiming to lift the conditional sailing order and revitalize the cruise industry. In June, District Judge Steven D. Merryday of the Middle District of Florida ruled in favor of Florida, granting DeSantis a victory and issuing an injunction against the CDC effective July 18.

On July 6, just 12 days before the conditional sailing order was scheduled to be lifted under Merryday's ruling, the CDC and HHS filed an appeal and requested a motion to stay. The appellate court's approval of the stay effectively halts the rollback of the CDC's cruise regulations until the appeal is fully reviewed.

It's crucial to understand that this ruling does not impact the operations of currently sailing cruise ships or hinder planned test voyages. Instead, it means that regulations—such as testing and mask mandates—on specific ships will continue until the CDC either revises its stance or loses the appeal.

Cruise lines that operate with at least 95% vaccinated passengers, including Carnival and Celebrity, are not requiring vaccinated guests to wear masks onboard, and for sailings departing from Florida, they are currently prohibited from requesting vaccine verification.

Moreover, Royal Caribbean, which has conducted test sailings to accommodate more unvaccinated passengers, has established "vaccinated only" areas where vaccinated guests can remove their masks indoors.

The official court documents regarding the stay indicate that one judge expressed dissent, and further opinions will be issued later.