Judge Says Norwegian and other Cruise Lines Can Require Vaccine Passports in Florida

Chase Hattaway and Michael Tessitore take a closer look at the recent ruling from the Southern District of Florida involving vaccine passport legality on the high seas. In Norwegian Cruise Line Holdings v. Rivkees, U.S. District Court Judge Kathleen M. Williams entered an order granting the motion for preliminary injunction sought by several cruise lines to enjoin Florida from enforcing Section 381.00316-Florida’s vaccine passport ban statute-pending resolution of the lawsuit. The court based its ruling on the cruise lines’ argument that the statute impermissibly restricted the cruise lines’ First Amendment rights and also that the statute ran afoul of the dormant commerce clause, as well as the unique issues presented in cruising during a global pandemic. This presentation will break down the court’s ruling, analyze the applicability of the legal arguments used by the cruise lines in other contexts, and give guidance on what businesses operating in Florida should know about vaccine passports going forward.

 

Chase Hattaway is a partner in RumbergerKirk’s Orlando office. He focuses his practice on complex civil litigation matters including employment and casualty litigation. Hattaway consults with employers on compliance with state and federal law, regularly defending employers in state and federal court against various claims of discrimination including retaliation, harassment, whistle-blower and wrongful termination.  He also has experience enforcing non-compete agreements and is a part of the firm’s multidisciplinary COVID-19  task force. 

 

Michael Tessitore is an associate in RumbergerKirk’s Orlando office. He  focuses his practice in the areas of insurance coverage and bad faith and casualty litigation. He defends insurance companies against first-party and third-party coverage litigation including water, sinkhole, and fire claims. He also represents clients in general tort claims involving premises liability, personal injury and wrongful death.