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Florida wants federal appeals court to overturn cruise line vaccine ruling

Documents filed claim the district court delivered an "unprecedented ruling."

TALLAHASSEE, Fla. — The saga between Florida Gov. Ron DeSantis and Norwegian Cruise Line over requiring proof that passengers are vaccinated against COVID-19 continues in court.

On Oct. 4, the state filed documents in the 11th U.S. Circuit Court of Appeals arguing that a preliminary injunction siding with the cruise line's stance should be vacated.

The two are butting heads given DeSantis has outlawed "vaccine passports" in the state and Norwegian is pushing for proof of vaccination.

According to the state's appeal, the district court in its case delivered an "unprecedented ruling" and "erred" in determining the governor's executive order likely violated the First Amendment.

"There is no sound basis for a court to make the judgment that the policy choices of other jurisdictions, including how they balance these interests, should prevail over Florida’s," part of the 69-page document reads.

The state claims the First Amendment was not violated given the executive order's impact on what business cannot do, rather than what a business can or cannot say.

Florida also argued that Norwegian's profitability should not override its "sovereign decision to protect its citizens’ personal liberties, privacy, and health through."

Earlier this year, Norwegian's CEO Frank Del Rio told Yahoo! Finance the following when he heard about the looming appeal: 

"I mean, come on, give it up. This is a pandemic we are talking about, people are dying every day, Florida now is the epicenter of the epicenter. What does it take for common sense to rule?" 

For now, Norwegian will be able to continue checking and documenting passengers' vaccination status when setting sail from the Sunshine State while both sides await the latest ruling.

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