Sorry for the slow pace of the blog lately... with COVID raging again, there isn’t much happening in the SDFLA. One interesting case going forward is in front of Judge Kathy Williams... a dispute between Norwegian Cruise Line and Gov. DeSantis about the so-called vaccine passports. From Reuters:
Norwegian Cruise Line heads to federal court on Friday in a battle that pits the company's plan for returning to the seas against Florida Governor Ron DeSantis's vow to oppose COVID-19 "vaccine passports."
The court battle comes as big business and some government entities are responding to the rapid spread of the Delta variant of the coronavirus with vaccination requirements, prompting legal challenges from vaccine skeptics and civil libertarians. read more
Norwegian plans to make its first post-pandemic departure from Miami, the main port for Caribbean cruises, on Aug. 15. As part of its plan to guard against a COVID-19 outbreak, it will require passengers to prove they have been vaccinated.
Banning anyone who refuses to prove their vaccine status will run afoul of Florida's law, which forbids businesses, government entities and schools from requiring proof of COVID-19 immunity in return for a service. The law has certain exceptions, such as for healthcare.
Hope the judge sends DeSantis a strong message that lives are worth more than his political ambitions.
ReplyDeleteSeems like DeSantis is a communist, thinking his government can tell business who they can and can't serve. Hypocrite.
ReplyDeleteCheck this out:
ReplyDelete"Given Jacobson v. Massachusetts, 197 U.S. 11 (1905), which holds that a state may require all members of the public to be vaccinated against smallpox, there can't be a constitutional problem with vaccination against SARS-CoV-2." See Klassen v. Trustees of Indiana University (7th Cir. Aug 2, 2021) http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2021/D08-02/C:21-2326:J:Easterbrook:aut:T:op:N:2741753:S:0
If you don't know, now you know.
The facts are not the same, but I would argue that the facts in the cruise line case are actually stronger in favor of vaccination requirements than in either Klaasen or Jaconbson.
If the government can require vaccination to attend schools, there's no reason that a private company can't require vaccination to board a cruise ship.
If you don't want to get a vaccine before getting on a cruise, just don't go on a cruise. Simple. ("Vaccination is [] a condition of attending Indiana University. People who do not want to be vaccinated may go elsewhere."). Bye Felecia.
The ban on "vaccine passports" is nothing but political theater designed to get the blood of the ignorant boiling about "socialists" in government taking away people's "freedoms."
If a restaurant can bar a person for not wearing shoes
ReplyDeleteIs there a zoom link?
ReplyDelete