CDC Appeals and Files Motion to Stay the June 18th Ruling in Favor of Florida’s Case Against the Conditional Sail Order

On July 6, 2021 the Center for Disease Control and Prevention (CDC) filed an appeal to the United States Court of Appeals for the Eleventh Circuit’s ruling in favor of Florida on June 18, 2021.

FL CDC Appeal 20210706

In conjunction with the appeal, the CDC filed a motion to stay, pending appeal, of the Court’s order from June 18, 2021, which preliminarily enjoined enforcement of the Center for Disease Control and Prevention’s (“CDC”) Conditional Sailing Order and related guidance with respect to cruise ships arriving in, within, or departing from Florida ports.

FL CDC Motion To Stay 20210706

The motion was noted as time-sensitive to give the Court an opportunity to rule before the preliminary injunction takes effect on July 18, 2021.

Disney Cruise Line’s Approved Simulated Voyages (Test Cruises)

One more thing, as of July 5, 2021, Disney Cruise Line has requested and been approved for two simulated voyages, the previously announced and postponed sailing on the Disney Dream, and June 28-30, 2021 sailings on the Disney Fantasy.

FL CDC Motion To Stay 3rd Declaration Trefeletti DCL Test Cruises 20210706

The test cruise information was provided in a declaration document from Captain Aimee Trefiletti, the Program Chief of the CDC’s Vessel Sanitation Program (VSP) that was filed to the court on July 6th. At the end of this document was a letter from CLIA to the CDC dated May 11, 2021 with a look at the CLIA member cruise lines’ proposal for commitments for US restart protocols.

12 Replies to “CDC Appeals and Files Motion to Stay the June 18th Ruling in Favor of Florida’s Case Against the Conditional Sail Order”

  1. Michael McDonald

    It’s insane that DCL has been completely silent regarding their re-start plans. People, such as myself, who happen to be booked on the Aug 9 Dream sailing – just 33 days away – are twisting in the wind. Those who want to go to WDW as a plan B, can’t go forward with buying tickets and making park reservations can’t proceed until they officially cancel the sailing. Or if they are not going to cancel, let people know what the protocols will be.

  2. John

    I was hoping the CDC would let this go and realize they overstepped their authority. Wishful thinking. Not all that unexpected though. They likely couldn’t ignore it. That would severely reduce their power in the future to regulate much of anything and no government agency will let that power go without a fight for sure.

  3. CATHY

    I will definitely be cancelling all cruises I have booked for this year. There is no way I would pay all this money and have to wear a mask while inside watching shows and doing activities and only be allowed to do their excursions and not be able to go out on my own. It is not the experience that I want to have.

  4. Enuff

    The CLIA should immediately sue the CDC. The basis? All other forms of travel in the USA are free to provide their respective service. Buses, trains and planes are all running full speed. And pretty much without issue. If we can go to a restaurant, a movie theater, a community pool in our cities free of restrictions and masks, then there’s no basis for the CDC to try and uphold a CSO. None. Zero. The game has been exposed and it’s over. Time to move on with our lives. And never forget what they’ve done to our country. Our families. And never, ever let them do this to us again. Ever!

  5. Jessica

    Michael, we are booked on the August 9th. ☺️ This is the closest we have been to a sail date before the cruise has been cancelled. We are keeping our fingers crossed!!!

  6. James

    I agree, The DCL and the WDW parks should be looking at the bigger picture of how can we move people and their money from one area of the business to the other, rather then just dealing with the fall out on the DCL side. Why not offer 25% FCC and apply the what was paid to a WDW vacation. AKA get what money you can now from additional retail sales while also securing a future cruise when there are more ships in the fleet to handle the demand.

  7. Michael McDonald

    Completely agree. I just said this to my wife actually, that they ought to give another option to take what was paid for the cruise, apply it to a WDW stay for the same four nights as the cruise, and if there are any funds left over, it becomes a FCC.

  8. Jacqueline Hudson

    This right here! Although our cruise is not until the first week of September on the Fantasy, it is impossible to truly make good back up plans or to know what kind of measures will be taken to sail. With the test sailing being pushed until the end of July, why not just make the call to cancel any within 60 days and let us push forward with other plans. The longer we wait, the faster Disney World becomes unavailable.

  9. PLI

    I think that this appeal has a chance to succeed. The Motion for Stay makes a strong argument that Florida doesn’t have authority to regulate cruise lines that operate under a foreign flag and makes stops at foreign ports of call. Also, Florida’s interest is primarily in tax revenues, not enough to confer standing. CDC still has to convince the 11th Cir. that the district court abused its discretion, a fairly heavy burden.

  10. PLI

    Update: the district judge in Florida has apparently denied the motion for a stay of the injunction (no surprise there) so now it’s in the hands of the Eleventh Circuit.

  11. PLI

    Not sure, S. 10 years ago I would have said the CDC would win, but with all the Trump appointees I’m not sure.


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