ASTA Considers Lawsuit Over CDC’s No Sail Order

The American Society of Travel Advisors (ASTA) revealed it is considering filing a lawsuit against the federal government over the Centers for Disease Control and Prevention’s (CDC) No Sail Order.

According to ASTA President Zane Kerby, lawsuits against the government are uncommon due to the doctrine of sovereign immunity, but there is a caveat in the Federal Tort Claims Act that allows claims resulting from a negligent or wrongful act or omission.

Kerby said that while other industries in travel have been allowed to reopen with proper health and safety protocols in place—such as airlines, hotels and rental car companies—the cruise industry has not been afforded the same opportunities.

“The CDC’s acts and actions, or omissions, with respect to the implementation and the continuation of the No Sail Order have been both negligent and wrongful and have resulted in extreme economic injury to the travel industry,” Kerby said during a conference call with media. “Should the CDC’s No Sail Order remain in effect, this may be our only option remaining.”

ASTA officials have launched an investigation into the possibility of a lawsuit, but the organization’s general counsel Peter Lobasso said it would be an uphill battle if they decide to pursue that option.

In addition to the possible lawsuit, the ASTA continues to urge the U.S. government to pass another coronavirus relief bill. The group revealed that 73 percent of its members would be out of business within six months without additional federal aid.