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The decision came three days after Norwegian announced it would no longer require passengers to show proof of vaccination against COVID-19 before boarding ships.
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Now that Norwegian has lifted requirements that passengers show proof of vaccination against COVID, it says the state’s appeal in the case is moot and a preliminary injunction should be scrapped.
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A motion for dismissal filed at the 11th U.S. Circuit Court of Appeals did not explain the decision, but the CDC let expire what is known as a “conditional sailing order” that placed COVID restrictions.
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Norwegian Cruise Line canceled voyages on eight cruise ships, nearly half its fleet, after one of its ships on Wednesday returned early to Miami due to a COVID-19 outbreak among crew members.
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Key West locals who voted for limits on the cruise industry gathered with signs saying "stop the silt" and "no big ships" as the Norwegian Dawn pulled in.
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Norwegian Cruise Line requires all its passengers and crew to be vaccinated against COVID-19 and has been fighting in court to continue its mandate.
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The store argues that the law violates the First Amendment and is seeking an injunction to block it.
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Attorneys for the DeSantis administration wrote in a brief that the law is an “economic regulation that does not implicate” the First Amendment.
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The administration disagrees with the ruling by U.S. District Judge Kathleen Williams and will take the case to the 11th U.S. Circuit Court of Appeals.
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A U.S. district judge granted the preliminary injunction in a lawsuit challenging the state’s “vaccine passport” ban, which was signed into law in May by Gov. Ron DeSantis.
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A U.S. District Judge is scheduled to hear arguments Friday in Norwegian’s request for a preliminary injunction against the vaccine-passport ban.
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Attorneys for the state say U.S. District Judge Kathleen Williams should turn down Norwegian Cruise Line’s request for a preliminary injunction against the vaccine-passport ban.