Just when you thought it was safe to go back in the water — and into the depths of social media — Key West’s great cruise ship debate returns.
In the latest development, state seaport officials have requested a meeting with Key West officials to discuss the city’s “intent” with regard to its March 2022 resolution directing cruise ships away from Mallory Dock and Outer Mole Pier while retaining cruise ship traffic at the privately owned Pier B. The state officials also want to discuss the city’s understanding of the new state law that prohibits restrictions of maritime commerce that was passed in response to Key West’s voter-approved referendums seeking to ban large ships from the island city.
“I suspect that they’re going to ask us how we got from this to this,” Steve McAlearney, Key West’s director of port and marine services, told the Keys Weekly. “It will likely be mostly our legal staff talking to the state officials.”
Lauren Rand, manager of the state’s Seaport Office, and attorney Giselle Justo were scheduled to meet the afternoon of Aug. 24 with Key West’s City Manager Patti McLauchlin, City Attorney Shawn Smith, McAlearney and the city’s Nondiscrimination Coordinator Carolyn Sheldon.
The purpose of the meeting was a discussion of the intent of the city’s cruise ship resolution No. 22-073 and the city’s understanding of Florida Statute 311.25, according to an email McAlearney sent to the other officials on Aug. 18.
Florida Statute 311.25 is the one that passed in Tallahassee as a result of Key West’s attempt to significantly curtail cruise ship traffic at the island’s three docks. That law, which went into effect in July 2021, is the one that voided Key West’s voter-approved cruise ship referendums, and prohibited restrictions of maritime commerce by cities or counties.
The Florida statute states, “With respect to any port that has received or is eligible to apply for or receive state funding …, a local ballot initiative or referendum may not restrict maritime commerce in such a port, including, but not limited to, restricting such commerce based on any of the following: (a) Vessel type, size, number, or capacity.(b) Number, origin, nationality, embarkation, or disembarkation of passengers or crew or their entry into this state or any local jurisdiction. (c) Source, type, loading, or unloading of cargo. (d) Environmental or health records of a particular vessel or vessel line. (2) Any local ballot initiative or referendum … and any local law, charter amendment, ordinance, resolution, regulation, or policy adopted in such an initiative or referendum, is prohibited, void, and expressly preempted to the state.”
The city resolution to be discussed is the one that commissioners passed unanimously in March 2022, which details the city’s intent to direct cruise ship activity away from all public property to the Pier B dock “and ensure that cruise ship activity at the Pier B dock and any private property conforms to state and federal regulations.”
The city’s resolution further states, “the city of Key West seeks only to direct cruise ship operations away from public property to the Pier B dock and not to prohibit cruise ship operations or to restrict maritime commerce.”
The meeting was scheduled to take place after presstime the afternoon of Aug. 24. Stay tuned to keysweekly.com for details about the outcome of that meeting.
