Keeping Cruises at Bay: Whether Port Cities Violate the Dormant Commerce Clause and Federal Maritime Law

A. Key West: Recurrent Opposition to FloridaIn 2019, before the pandemic, 910,000 cruise ship passengers visited Key West annually, a city of only 24,000 permanent residents. 24The COVID-19 pandemic significantly reduced the number of cruises that visited the small island. 25During the cruise ship traffic lull caused by the pandemic, Key West residents used this momentum to keep large vessels at bay. 26 Currently, Key West is fighting the State of Florida to impose limitations on the number of passengers that can exit cruise ships. 27 The city first passed a voter-approved referendum to limit cruise ship traffic in November 2020. 28The referendum successfully prohibited cruise ships with 1,300 passengers or more from docking and limited the total for cruise ship disembarkation to 1,500 people per day. 29However, Key West's enthusiasm was met with opposition at the state level. 30Florida State Senator Jim Boyd first introduced a bill to overturn Key West's restrictions. 31