This Attorney Thinks Florida Will Lose on Banning Vaccine Questions
Maritime Attorney Robert Kritzman believes Federal law will overrule new State law.
As the battle between the state of Florida and the cruise industry concerning vaccine passports heats up, one attorney who specializes in maritime law believes the state has overstepped it's bounds with the law that would ban cruise lines from asking guests for vaccination information. Seatrade-cruise.com is reporting that attorney Robert Kritzman, a partner at Lewis Brisbois, feels that the law could be unconstitutional as applied to international cruises.
According to Kritzman, the law violates the Commerce Clause, which gives Congress primary authority to regulate interstate and international commerce and limits a state's ability to interfere in such activity. According to Kritzman, Congress has enacted laws that give the CDC the ability to impose certain regulations for public health purposes. This enabling legislation, in his view, applies in the CDC's dealings with the cruise industry.
The state of Florida is currently in court seeking to prove that the CDC does not have the authority to regulate the cruise industry. Under Florida's current law banning vaccine passports, could it be fine up to $5,000 per violation.