Florida vaccine passport law Cruises vs. Airlines

[Smmessineo]

Does anyone here know how airlines are handling this law? It seems like a lot of countries are requiring proof of vaccination or proof of previous covid infection for entry.  Don't the airlines have to ask for documentation from  passengers when booking or at the airports in Florida?  

If so, why is all the focus on cruises but airlines can circumvent the law? 

[cscurlock]

55 minutes ago, Smmessineo said:

Does anyone here know how airlines are handling this law? It seems like a lot of countries are requiring proof of vaccination or proof of previous covid infection for entry.  Don't the airlines have to ask for documentation from  passengers when booking or at the airports in Florida?  

If so, why is all the focus on cruises but airlines can circumvent the law? 

Airlines cannot overwrite other countries health protocols.  If you arrived in Spain they would not let you off the plane.  So airlines have a right to not let you on the plane the begin with.  Cruises are a little different because there are other things to do than just sit on the ship.  So you wouldn't be allowed to disembark if the country requiring vaccinations.  But you could still hang out by the pool or at the bar on the ship.  

Edited May 28, 2021 by cscurlock

[cluso]

We did a roundtrip flight last week.  Destin, Florida to Atlanta to Ft Myers, Florida and return.  Masks required, no one asked about vaccinations. But, it did not involve international travel.

[Smmessineo]

42 minutes ago, cscurlock said:

Airlines cannot overwrite other countries health protocols.  If you arrived in Spain they would not let you off the plane.  So airlines have a right to not let you on the plane the begin with.  Cruises are a little different because there are other things to do than just sit on the ship.  So you wouldn't be allowed to disembark if the country requiring vaccinations.  But you could still hang out by the pool or at the bar on the ship.  

Thanks for that info! I still find it interesting that , though the Florida law gives no exception for airlines, it does state that 

  This subsection does not otherwise restrict businesses from
 1128  instituting screening protocols consistent with authoritative or
 1129  controlling government-issued guidance to protect public health.

 

which would cover the airlines but could also cover cruiselines following CDC guidelines. 

[nocl]

15 minutes ago, Smmessineo said:

Thanks for that info! I still find it interesting that , though the Florida law gives no exception for airlines, it does state that 

  This subsection does not otherwise restrict businesses from
 1128  instituting screening protocols consistent with authoritative or
 1129  controlling government-issued guidance to protect public health.

 

which would cover the airlines but could also cover cruiselines following CDC guidelines. 

The problem is that the CDC is not requiring vaccination, only providing an option that the cruise line can select that gives them more ability to do normal cruises if they go the 95/98% vaccinated route.

 

If the CDC were to require cruise lines to require vaccination then that clause would apply.

[TeeRick]

Update from the US EEOC on requirement of COVID vaccine for employees of companies.

 

https://www.natlawreview.com/article/eeoc-issues-additional-guidance-covid-19-vaccines

[K.T.B.]

4 hours ago, TeeRick said:

Update from the US EEOC on requirement of COVID vaccine for employees of companies.

 

https://www.natlawreview.com/article/eeoc-issues-additional-guidance-covid-19-vaccines

 

Pretty much torpedoes Florida's attempt at a law.

[nocl]

15 minutes ago, K.T.B. said:

 

Pretty much torpedoes Florida's attempt at a law.

Problem is that the EEOC deals with employers and their employees, not companies and customers.

 

Also it it guidance from a Federal Agency it has not more authority than the state law unless and until it is tested in court. Even then it would need a decision at the Court of Appeals level before it would the court decision would be considered as a precedent. Unless Florida backs down it will need to go through the courts.

[cscurlock]

21 minutes ago, nocl said:

Problem is that the EEOC deals with employers and their employees, not companies and customers.

 

Also it it guidance from a Federal Agency it has not more authority than the state law unless and until it is tested in court. Even then it would need a decision at the Court of Appeals level before it would the court decision would be considered as a precedent. Unless Florida backs down it will need to go through the courts.

Texas hospital will be the first case to challenge we will see.  If that fails in court then all the other state laws would be deemed unconstitutional for employment.   As far as the airlines it could be trickier for airline companies in the US.  Interstate commerce clause maybe applicable for the US companies since they are not foreign.  Need a law expert on this one.  

[George C]

Celebrity is requiring us to have both vaccines and St Maarten is requiring a Covid test 120 hours before we land.

[sanger727]

Airlines cannot bring someone into another country without following that countries laws. Otherwise they would have to make room on the next flight to return them. Nothing Florida does will override that.

 

that being said I haven’t seen ANY country actually REQUIRE a Covid vaccine. I’ve seen many countries that require a Covid test before entry. And several countries that require a quarantine upon arrival and allow travelers to not quarantine if they have a Covid vaccine. So not sure how often this will really come up. 

[s0479]

https://www.google.com/amp/s/www.afar.com/magazine/travelers-with-covid-vaccines-can-visit-these-countries/amp

[sanger727]

2 minutes ago, s0479 said:

https://www.google.com/amp/s/www.afar.com/magazine/travelers-with-covid-vaccines-can-visit-these-countries/amp

 
 

if you read the list most will Accept unvaccinated travelers with Covid tests/quarantines. Therefore it’s not up to the airline to require proof of vaccine. It’s up to the country’s immigration to decide whether the person is ‘exempt’ or needs to test/quarantine.

[s0479]

42 minutes ago, sanger727 said:

 
 

if you read the list most will Accept unvaccinated travelers with Covid tests/quarantines. Therefore it’s not up to the airline to require proof of vaccine. It’s up to the country’s immigration to decide whether the person is ‘exempt’ or needs to test/quarantine.

It all depends where u want to go and what you want to do and pay, personal choice - but many countries have required vaccines - I do disaster work and have had to get certain vaccines to do so - so be it - it’s up to where I’m traveling.