Eleventh Circuit panel stays lower court’s decision to block CDC cruise-ship regulations

I'm not a lawyer so I don't understand how this ruling doesn't change anything for the cruise lines. Seems to me that the CSO is now just a recommendation, and while the cruise lines may choose to operate like it was in effect, the difference between choosing to do something and having to do it is huge.
 
I'm not a lawyer so I don't understand how this ruling doesn't change anything for the cruise lines. Seems to me that the CSO is now just a recommendation, and while the cruise lines may choose to operate like it was in effect, the difference between choosing to do something and having to do it is huge.
Because their lawyers and PR folks are going to tell them that it's a really really really bad idea to sail in a way that is contrary to CDC guidance right now, even if it's a non-binding recommendation.
 
Most cruise lines have found ways to around Florida's law...such as requiring testing of people who don't volunteer a vax card. Anyone who doesn't have a card or is unvaccinated will have to go through testing and buy travel insurance. If unvax people don't want to take the tests OR if vaccinated people aren't comfortable being on the ship with unvaccinated people, then you will have to decide on your own whether to go or not. This will likely be what the industry does for at least awhile. The courts don't seem to be in a mood to provide a quick resolution. It's your decision now.

The big thing about the CSO is it required test cruises instead of requiring 97% vaccination of passengers. If the courts make the CSO a recommendation, then those test cruises won't be legally required. And the CDC can't force the cruise lines to require vaccines. That is the significance of where the lawsuit is right now.
 
This ruling changes nothing for cruise lines for at least the next few months. I guess the only change is that they don't have to do a test cruise, however I expect them to run tests with all of their ships
I think that's unlikely. Once they've put their procedures into real world practice on one ship, it seems unlikely they'd need to test those same procedures on another ship in a Covid test format. I could definitely see a practice cruise to help the crew get ready, but that's a bit different from a test cruise where they're evaluating Covid spread, etc. They'll already know what's going on, Covid-wise, using data from real cruises & real passengers on their actual sailings. Further test cruises would be superfluous.
 
So the CSO is still in effect until Nov 1? All these back and forth appeals have me confused.
 
So the CSO is still in effect until Nov 1? All these back and forth appeals have me confused.
I believe it is now "guidelines" in FL, however not a single line had yet posted that they intend to do something outside the CSO recommendations.

In fact, after the ruling the CEO of Royal publicly posted that they still intend to fully follow the CSO as if it was still binding.
 
I believe it is now "guidelines" in FL, however not a single line had yet posted that they intend to do something outside the CSO recommendations.
I doubt they'd make a big announcement about going against CDC guidelines as they know that would alienate a subset of cruisers. The ones who do some things differently will probably just quietly do those practices differently without trying to draw attention to it. As cruising gets further underway, I'm sure most lines will gradually stray further & further from the guidelines.
 
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We won't see any major changes until there are successful 7 night or longer cruises that include port stops
 
I doubt they'd make a big announcement about going against CDC guidelines as they know that would alienate a subset of cruisers. The ones who do some things differently will probably just quietly do those practices differently without trying to draw attention to it. As cruising gets further underway, I'm sure most lines will gradually stray further & further from the guidelines.
There is more incentive for cruise lines to keep in line with the CSO. Recently posted on the Royal blog:

The CDC said late on Friday that it will enforce its transit mask requirements on cruise ships in Florida that opt not to abide by its Conditional Sail Order (CSO) following a court ruling.

In February 2021, the CDC instituted an order that requires people to wear masks on public transportation, which includes aircraft, train, road vehicle, vessel or other means of transport.

This is the same rule that requires the airlines to enforce passengers.
 
There is more incentive for cruise lines to keep in line with the CSO. Recently posted on the Royal blog:

The CDC said late on Friday that it will enforce its transit mask requirements on cruise ships in Florida that opt not to abide by its Conditional Sail Order (CSO) following a court ruling.

In February 2021, the CDC instituted an order that requires people to wear masks on public transportation, which includes aircraft, train, road vehicle, vessel or other means of transport.

This is the same rule that requires the airlines to enforce passengers.
The CDC's order goes way beyond mask-wearing.
 
The CDC's order goes way beyond mask-wearing.
Basically they're saying that if cruise lines opt not to abide by the CSO then cruise passengers must wear masks at all times while on the ship, including outdoors and in their own staterooms.
 
Basically they're saying that if cruise lines opt not to abide by the CSO then cruise passengers must wear masks at all times while on the ship, including outdoors and in their own staterooms.
There are a lot of other parts of the order, though, including test cruises, passenger Covid testing, etc.
 
There are a lot of other parts of the order, though, including test cruises, passenger Covid testing, etc.
Yes. The point, however, is that complying with the CSO waives the other masking requirements (such as the requirement to wear a mask outdoors) and theoretically makes for a better cruising experience, which is at least one reason why Royal Caribbean is choosing to comply with the CSO even though it is not binding.

Aside from that, the current version of the CSO rules was developed jointly by the industry and the CDC. NCL has said in court filings that they are perfectly happy with the current version of the rules, so I don't expect cruise lines to diverge much from the guidance.
 
Aside from that, the current version of the CSO rules was developed jointly by the industry and the CDC. NCL has said in court filings that they are perfectly happy with the current version of the rules, so I don't expect cruise lines to diverge much from the guidance.
The cruise industry isn't a monolith. Different lines have different ways they want to do things. What works for NCL does not work for Disney because of Disney's clientele, for example.
 

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