Norwegian Cruise Lines (NYSE: NCLH) may now require passengers embarking in Florida to present proof of vaccination against COVID-19 before boarding, a federal judge has ruled.
Federal District Court Judge Kathleen Williams issued a preliminary injunction, allowing the cruise operator to bypass a Florida law targeting businesses requiring vaccination proof. The controversial law, which was passed in May, would levy fines of $5,000 for each documented case of a company asking customers to provide a vaccine card.
Norwegian filed suit in July, asking for an injunction against the law based on the damages it would suffer in following the order.
"Upon a careful review of the record, the Court finds that Plaintiffs are entitled to a preliminary injunction because they have shown: (1) a substantial likelihood of success on the merits of their First Amendment and dormant Commerce Clause claims; (2) that they would suffer irreparable injury absent an injunction; and (3) that the equities and public interest weigh in favor of an injunction," the court said in its decision.
The decision comes amid a massive surge of Delta variant coronavirus worldwide, with Florida currently suffering from skyrocketing infection rates. Despite an infection level well above what the U.S. Centers for Disease Control and Prevention classifies as "very high," Governor Ron DeSantis has maintained a stance mainly in line with former President Donald Trump, downplaying the severity of the ongoing pandemic.
Based on court filings, the Delta variant surge appears to have weighed considerably in Judge Williams' decision, with several pages of the court filings referencing the ongoing surge and the imminent public health threat that Norwegian had noted in its filings.
The ongoing surge, however, could be detrimental for Norwegian as well. With mask mandates being re-enacted and some businesses already putting contingency plans into effect, the ongoing Delta variant surge could likely force Norwegian's hand into suspending cruises regardless.