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District court judge set to make decision in Florida's lawsuit against CDC over halting cruises

Gov. Ron DeSantis first announced the state would be filing suit in April.

TAMPA, Fla. — It's now up to a district judge with the Middle District of Florida to return a decision on the state's motion for a preliminary injunction in its suit against the Centers for Disease Control and Prevention's continued halting of cruises. 

Both parties appeared in a Tampa federal courtroom Wednesday to make arguments for their case. 

Attorneys for the state of Florida argued the CDC has presented no clear set of safety guidelines and that everything is subject to change, making it difficult for the industry to meet the CDC’s expectations. 

It also claimed Florida is suffering from financial injury by having to pay millions in unemployment benefits for workers associated with the ports and cruise industry. Not to mention the loss of millions of dollars in tax revenue and port fees.

While the attorney representing the federal government said cruise ships are “uniquely problematic” when compared to other hospitality industries and even with vaccines, still pose a significant risk to public health.

The CDC wants to ensure when COVID cases show up on cruise ships, they can be contained and managed on the ship. It's an effort they say the U.S. is not alone in, pointing to similar restrictions in Canada and Australia.

District Judge Steven Merryday asked the state what its plan would be to ensure public safety if he granted the injunction. To which, the attorneys for Florida pointed to the state's aggressive vaccination program and the cruise ship industry’s own Healthy Sail Panel. 

When it comes to ensuring cruise ships are following their own protocols while out at sea, representation for the state says the industry would be self-regulated.

Some concern was also broached during the hearing about there being no reliable end in sight for the sailing ban but CDC attorneys say, based on the latest directives issued, "the fate of the cruise lines is completely in their hands."

This all began when Gov. Ron DeSantis announced the lawsuit back in April due to the impact, he says, the no sail order has on Florida's economy and the tens of thousands of Floridians who depend on the cruise industry for work.

"I'm happy to announce that on behalf of the tens of thousands of Floridians whose livelihood depends on the viability of an open cruise industry, today Florida is fighting back," DeSantis said at the time. 

RELATED: Florida files lawsuit against Biden administration, CDC demanding reopening of cruise industry

The governor also argued the no sail order isn't stopping people from cruising but is rather driving them to other places like the Bahamas to take their vacations. 

"Instead of flying to Miami, spending money to stay in our hotels, spending money to eat in our restaurants before they get on the ship, they're going to fly to the Bahamas," DeSantis explained. ".. and they're going to get on the ships from the Bahamas and they're going to spend the money in the Bahamas." 

According to Attorney General Ashley Moody, cruising is an $8 billion industry for the state and the halting of cruise ships is keeping those funds at bay.

RELATED: Law experts: It's legal for cruise lines to ask for proof of vaccination, even if they sail in Florida

The lawsuit comes as DeSantis signed a law banning companies from requiring people to show proof of inoculations in Florida, most commonly known as "vaccine passports."

But the decision has the governor at odds with some cruise line companies and the latest guidance from the CDC asking for cruise lines to show that 98 percent of the crew and 95 percent of passengers are vaccinated. 

The guidance would allow cruise ships to sail as early as July.

According to research from the Cruise Lines International Association, 85 percent of passengers say they've already started the vaccination process or are planning on getting vaccinated. Another 10 percent say they would get vaccinated just to get on a cruise even if they didn't intend to.

No timeline was provided for when District Judge Merryday will finalize his decision, but he did note he would move as quickly as possible.

You can read the state's lawsuit in its entirety here.

RELATED: CDC provides instructions for test cruises with passengers

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