That wasnt the first COVID-19 ruling out of Tampas federal courthouse – Tampa Bay Times

TAMPA In a blockbuster ruling last week, federal judge Kathryn Kimball Mizelle struck down a requirement that people wear masks on public transportation including planes to limit the spread of COVID-19.

But that wasnt the first time decisions in the fierce debate over pandemic safety regulations have come out Tampas federal courthouse.

In three separate cases, veteran U.S. District Judge Steven Merryday who was nominated by President George H.W. Bush and has been on the bench since 1992 weighed in on cruise ship regulations and vaccine mandates, ruling each time against the COVID-19 requirements.

In June, Merryday issued a 124-page decision throwing out the U.S. Centers for Disease Control and Preventions safety rules for cruise ships as they readied to begin carrying passengers from Florida again.

In granting a preliminary injunction in Floridas legal challenge to the cruise rules, the judge said the CDC hadnt adequately justified the need for the regulations on how cruises could restart. He also said Florida faced a sufficient likelihood of continued economic harm.

The CDCs claim that it had authority to impose measures such as shutting down ships sidelined in March 2020 after onboard COVID-19 outbreaks was a breathtaking, unprecedented, and acutely and singularly authoritarian claim, the judge wrote. He also wondered in his order if the CDC could or should have shut down sexual intercourse in the United States to prevent the spread of AIDS, syphilis or herpes.

The CDCs conditional sail order was a phased plan for restarting cruises that included expanded COVID-19 testing capabilities on board and having nearly all passengers and crew vaccinated in order to sail without test cruises first.

Gov. Ron DeSantis office declared Merrydays ruling a major victory.

In December, Merryday issued a preliminary injunction blocking President Joe Bidens vaccine requirement for federal contractors.

The judge said Floridas lawsuit fighting that vaccine regulation showed a substantial likelihood that there was no authority to make such a requirement.

Merryday said the extent of any absenteeism by contractors and subcontractors, any procurement delay or any cost increases attributable to COVID-19 were unexplained.

In other words, the extent of any procurement problem, past or future, attributable to COVID-19 is undemonstrated and is merely a hastily manufactured but unproven hypothesis about recent history and a contrived speculation about the future, the judge wrote.

Similar rulings have been issued by judges in other states.

In February, a Navy commander and a Marine lieutenant colonel testified before Merryday about their religious reasons for resisting the militarys COVID-19 vaccine requirement.

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Each had been denied a religious exemption and faced possible discharge if they didnt comply.

Both the military members who were allowed to testify anonymously said they were Christians and concerned that vaccines would put impurities in their bodies. For me it would be a sin, the lieutenant colonel said.

Both also expressed concern about fetal cell lines, used in the research and development of various vaccines and many common medicines.

Said Amy Powell, an attorney for the Department of Justice: We would rather people not be in the military than place other service members at risk.

Merryday issued an injunction allowing the military members to continue serving without punishment pending a final judgement in the case.

He said the Religious Freedom Restoration Act requires the military to give an exemption to a service member who has a sincere religious objection to the vaccine unless there is a compelling governmental interest and no less-restrictive alternatives are available.

The Navy and Marine Corps failed manifestly to meet that requirement, the judge said.

Tampa Bay: The Times can help you find the free, public COVID-19 testing sites in the bay area.

Florida: The Department of Health has a website that lists testing sites in the state. Some information may be out of date.

The U.S.: The Department of Health and Human Services has a website that can help you find a testing site.

The COVID-19 vaccine for ages 5 and up and booster shots for eligible recipients are being administered at doctors offices, clinics, pharmacies, grocery stores and public vaccination sites. Many allow appointments to be booked online. Heres how to find a site near you:

Find a site: Visit vaccines.gov to find vaccination sites in your ZIP code.

More help: Call the National COVID-19 Vaccination Assistance Hotline.

Phone: 800-232-0233. Help is available in English, Spanish and other languages.

TTY: 888-720-7489

Disability Information and Access Line: Call 888-677-1199 or email DIAL@n4a.org.

OMICRON VARIANT: Omicron changed what we know about COVID. Heres the latest on how the infectious COVID-19 variant affects masks, vaccines, boosters and quarantining.

KIDS AND VACCINES: Got questions about vaccinating your kid? Here are some answers.

BOOSTER SHOTS: Confused about which COVID booster to get? This guide will help.

BOOSTER QUESTIONS: Are there side effects? Why do I need it? Heres the answers to your questions.

PROTECTING SENIORS: Heres how seniors can stay safe from the virus.

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That wasnt the first COVID-19 ruling out of Tampas federal courthouse - Tampa Bay Times