This is a biggie. You can read the order here. It's a lengthy 59-page order exploring the First Amendment and the Dormant Commerce Clause (looks like Judge Williams and her clerks had a very busy weekend as this was just argued on Friday).
Here's the intro from the order:
On July 13, 2021, Plaintiffs—Norwegian Cruise Line Holdings Ltd.; NCL (Bahamas) Ltd., d/b/a Norwegian Cruise Line; Seven Seas Cruises S. De R.L., d/b/a Regent Seven Seas Cruises; and Oceania Cruises S. De R.L., d/b/a/ Oceania Cruises (collectively, “Plaintiffs” or “NCLH”)—initiated this action against Dr. Scott Rivkees, the Surgeon General of Florida and the head of the Florida Department of Health (“Defendant”). (DE 1.) After 15 months of suspended operations, NCLH plans to resume passenger cruises from Florida on August 15, 2021 on the Norwegian Gem. (Id. at ¶ 1.) NCLH has adopted a policy requiring all passengers on its vessels to be fully vaccinated against COVID-19 and to provide documentation confirming their vaccination status before boarding. (Id. at ¶¶ 4, 35.)
Plaintiffs assert that a recently-enacted Florida law, codified at Fla. Stat. § 381.00316 (“Section 381.00316” or “the Statute”), prevents them from implementing the vaccination policy for vessels departing from Florida. (Id. at ¶ 122.) Under the Statute, Plaintiffs are prohibited from requiring passengers to provide “any documentation certifying COVID-19 vaccination or post-infection recovery” prior to boarding. Fla. Stat. § 381.00316. NCLH explains that if it cannot maintain its vaccination policy in Florida, it would be forced to either cancel all voyages leaving from the state or allow unvaccinated passengers to sail, and both options would cause significant financial and reputational harms. (DE 3 at 17–19.)
NCLH brings this as-applied constitutional challenge, arguing that the Statute violates its rights under the First Amendment, the dormant Commerce Clause, and Substantive Due Process. (DE 1.) It also claims that the Statute is preempted by the CDC’s Conditional Sailing Order (“CSO”) and subsequent instructions. Plaintiffs have asked the Court to enjoin the enforcement of Section 381.00316 pending resolution on the merits of their claims. Upon a review of the record, and with the benefit of oral argument, the Court finds that Plaintiffs are entitled to a preliminary injunction.
Norwegian was represented by Quinn Emanuel (Derek Shaffer, John O'Sullivan, Olga Vieira, and I'm sure lots of others).