Florida filed a lawsuit against the CDC and the US Department of Health and Human Services last month to scrap the Conditional Sailing Order for cruise lines. Florida argues the CDC has extended its legal overreach with the “arbitrary and unconstitutional” order, and that it violates federal law.

In response, the Justice Department said the state has no authority to dictate policy of a federal agency and it waited an entire year before taking any action.

Presiding Judge Steven D. Merryday, has sent the case to mediation, ruling that a mediator must listen to both sides before 1 June.

The Judge allowed ASTA to make representations to the mediator about the economic damage the cruise ban has caused to communities and travel businesses outside Florida.

“We must fight to get our cruise liners and their employees back to work and safely sailing again. To be clear, no federal law authorizes the CDCgov to indefinitely shutdown an entire industry,” Florida Gov. Ron DeSantis tweeted.

DeSantis claims the cruise industry has the ability to regulate itself through the Healthy Sail Panel program.