ASTA plans to file an amicus curiae, or "friend of the court," brief on Wednesday related to Florida and Alaska's lawsuit against the federal government and the CDC seeking to overturn its Conditional Sailing Order.
An amicus brief is filed by a party that is offering information or expertise to the court that has bearing on the case. ASTA's brief is in support of the states.
During a press conference Tuesday, ASTA general counsel Peter Lobasso said the Society chose to intervene in the lawsuit "simply to share a much-needed perspective on the harm that the defendants' actions have done to an entire industry."
Lobasso said ASTA agrees with the states and the legal arguments they have made in the lawsuit, that the CDC lacked the authority to shut down the cruise industry for 15 months. Florida and Alaska highlight the impact the shutdown has had within their borders in the lawsuit, but Lobasso said the Society has a unique perspective as an association with 14,000-plus members.
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"None of those states have the same perspective as we do as a nationwide trade association, so we were able to paint a much broader and, frankly, a much fuller picture of the impact of the defendants' action on the industry as a whole," Lobasso said.
ASTA filed for a motion for leave to file the brief -- or, the court's permission -- on May 12, Lobasso said. He found out Tuesday that the motion was granted and planned to file the brief Wednesday.
The plaintiffs in the case did oppose ASTA's brief, but the court ultimately granted ASTA permission to file it, Lobasso said.
Mediation ordered
A judge ordered Florida and the CDC into mediation Tuesday, telling the two sides in the state's case against the agency over its cruise ban to resolve their differences out of court.
Florida sued the Biden administration in federal district court on April 8 to overturn the ban on cruising, saying the yearlong lockdown of the cruise industry by the federal government had "directly harmed the state of Florida, its citizens and their families, resulting in the loss of billions of dollars in economic activity." Alaska and Texas both joined Florida's lawsuit.
U.S. District Court Judge Steven Merryday heard arguments in the case on May 12. On Tuesday, he appointed Tampa trial lawyer Joseph Varner III to begin mediation before June 1.