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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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The company said that beginning Aug. 1 that testing will still be needed on ships departing from places where rules still requires testing.
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On Wednesday, a panel of the 11th U.S. Circuit Court of Appeals will hear arguments in Miami.
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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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The cancellations involve nearly half of the cruise line's fleet after one ship returned early to Miami this week due to a COVID-19 outbreak among crew members.
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At least 17 people on board the Norwegian Breakaway tested positive for COVID-19, including one probable case of the omicron variant. The cruise line said that all confirmed cases are asymptomatic.
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"I didn't want to sue the governor, but I had no choice," says Norwegian Cruise Line CEO Frank Del Rio, one of the first business leaders to begin a comprehensive vaccine mandate for workers and customers.
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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.