The US state of Florida is suing the Biden administration in an effort to remove what has been essentially a government shutdown of America's cruise industry since March 2020.
The move targets the federal Centers for Disease Control and Prevention (CDC), which in late October imposed a so-called conditional sailing order restricting passengership operations in US territories.
Replacing an outright no sail order, it allows shipowners to apply for certification to enter US jurisdiction if they, among other things, carry out mock cruises and have on-board virus testing labs. But the CDC has yet to say when cruise companies can resume sailing without such measures.
"Despite the demonstrated success of reasonable Covid-19 safety protocols in Europe and Asia, the cruise industry in the US has been subject to a nationwide lockdown since March 2020," Florida attorney general Ashley Moody said in the lawsuit.
"As a result, the industry is on the brink of financial ruin."
State governor Ron DeSantis said the lawsuit is necessary to prevent federal overreach.
"To be clear, no federal law authorises the CDC to indefinitely impose a nationwide shutdown of an entire industry. This lawsuit is necessary to protect Floridians from the federal government’s overreach and resulting economic harm to our state," he said.
The CDC did not reply to requests for comment.
The lawsuit also stated that US cruise lines may move abroad and "never come back", after Carnival Cruise Line president Christine Duffy said the Carnival Corp brand might do that to resume sailing.
Cruising is "a vital part" of Florida’s tourism industry that employs thousands of state residents and boosts Florida's economy, state attorney general Ashley Moody said.
"The ripple effect of this misguided federal lockdown has far-reaching implications for the cruise industry, international tourism, businesses that would benefit from the influx of visitors, our state’s economy and the thousands of Floridians who work in the industry," she said.
A bad precedent
She said what's even worse is that the Biden administration has set a precedent in singling out and keeping the reeling sector shut down on the basis of outdated data.
"Our litigation seeks to end this federal overreach and allow Floridians to safely get back to work and travel," Moody said.
Florida congressman Carlos Gimenez went so far as to unabashedly claim that the CDC has lost touch with reality.
"These federal bureaucrats, who have no concept of what is actually happening out in the real world, have never had to face the reality of a prolonged furlough or have had their job jeopardised by the pandemic,” he said.
"I guarantee if it were their job on the line and they had to handle the things hardworking Americans have had to face ahead of this pandemic, they would find the solution and rectify this issue immediately."
Due to the CDC's stranglehold on the industry, Florida lost $3.2bn in economic activity through September that includes 49,500 jobs paying $2.3bn, according to the Federal Maritime Commission.
It has also led to more than 6,000 former cruise workers to file for state unemployment benefits and Florida's seaports losing $300m in revenue.
"This prohibition continues notwithstanding the fact that Covid-19 vaccines are widely available, that other countries have safely and successfully resumed cruise sailings, and that other industries like airlines, bus lines, hotels, restaurants, universities, theme parks, casinos, and bars have successfully reopened," the governor's office said.
"The economic devastation wrought by the CDC’s conditional sailing order cannot be overstated."
