Adventures in Government: Key West Cruise Ships Edition
What a tangled web we weave when cruise ships want to come in from the sea, and lobby the State of Florida to override the Key West locals to do so.
By decisive, even overwhelming margins, the voters approved ballot measures to immediately slash the number of passengers who can disembark daily as well as ban the biggest ships. But several months later, in an end-around that has incensed locals, the cruise industry is fighting back. Two state lawmakers with broad industry backing are pushing bills to nullify the vote and prohibit Key West from regulating such activity in its own port…
…The November vote limited the total number of cruise-ship tourists allowed to come ashore every day to 1,500 — fewer than half the daily average in February 2020. It also closed the port to ships with more than 1,300 passengers and crew — about half the size of most ships that docked before the pandemic. The final charter change gave docking priority to ships with the best environmental and health records.
Industry officials contend the result ultimately will cripple cruise tourism in Key West and endanger hundreds of local jobs that depend on the big ships. The city’s coffers will take a big hit, they predict. Cruise-related taxes brought in $21 million in 2018.
The new rules will be “the destruction of the port as we know it,” said John E. Wells, another native and chief executive of Caribe Nautical Services. His firm is the agent for every cruise ship that docks in Key West. “We have 287 port calls scheduled for 2022,” ships often making a stop as they loop through the Caribbean. “Only 18 will meet the size criteria.”
The Committee for Safer, Cleaner Ships, the local group fighting the state legislation, scoffs at those claims. Key West will do just fine without the megaships, said treasurer Arlo Haskell, a writer and poet. Citing the industry’s own figures, he pegs cruise revenue at about 7 percent of all tourist spending in Key West in a normal year. Ships will continue to dock, he notes, although only the smaller ones.
“The goal is to make Key West the premier small-ship destination,” Haskell said, while holding onto the overnight and extended-stay tourists who are the backbone of the city’s tourist trade, the ones filling hotels, B&Bs and restaurants.
To Wells, opponents’ arguments carry a whiff of elitism. The smaller ships cater to a moneyed crowd; the big ships bring the cost of a cruise within reach of middle-income and working-class people.
“I call it economic discrimination,” he said. “That’s not what Key West is about.”
He and others say seaport traffic benefits areas far from port communities and should be governed by the state or federal government. They would prefer one set of port regulations “instead of a patchwork of conflicting restrictions in each municipality,” according to a statement by the powerful Cruise Lines International Association.
The initial bills in Tallahassee indeed covered all 15 Florida seaports. They were greeted with vehement protest from legislators loath to see cities in their districts lose control of their ports.
So amendments were tacked on that only prohibited cities from restricting cruise ships in their ports, excluding those ports controlled by a county or port authority. That left only Key West, Panama City, Pensacola and St. Petersburg subject to the proposed prohibitions. Of those four, only Key West is a cruise-ship destination. (The state constitution prohibits bills that target a single municipality, hence the need to create a “class” of city-controlled ports.)
Lawmakers may not be finished trying to punish Key West for its November vote. In a recent tweet, Roach urged his colleagues to oppose giving federal stimulus money to ports that ban cruise ships. “Yep, looking at you city of Key West,” he wrote.
This is a new spin on the very old debate over “home rule” and state vs local government:
In the Florida Keys, elected leaders continue to speak out against two bills that would cancel out a decision by Key West voters to restrict cruise ship traffic to the island.
It’s a matter of protecting “home rule,” they said.
The Monroe County Commission on Wednesday, unanimously and without comment, approved a resolution urging state lawmakers to support home rule for counties and cities and also oppose two bills that commissioners say preempt local government’s authority.
As spring break crowds fade in South Beach, residents demand change
“We are always very protective of home rule,” said County Mayor Michelle Coldiron in a text Thursday. “The municipalities and county support each other defending home rule.”* * *
“The Monroe County Commissioners routinely express support for home rule and oppose state legislative efforts that preempt local authority,” the county said in a statement. “In recent years, the legislature has acted to preempt the home rule authority of local governments from legislating on policy areas like vacation rentals, use of single-use plastic bags and tree trimming.”
The resolution states that “preemption by the state legislature weakens the home rule authority of local government and its ability to respond to local challenges and protect local interests.”
The Key West City Commission in February passed a similar resolution against the seaport-related bills, saying it would “deny the will of local voters at the expense of the environment.”
“The Florida legislature’s efforts to limit home rule conflicts with the rights and ability of local government and local voters to protect and improve their own community and the environment,” the city commission’s resolution states.
Commissioner David Rice, of Marathon, said he has no strong feelings on either side of the Key West cruise ship debate, stating he lives an hour away.
“I support the democratic process,” Rice said. “They had an election and I am somewhat appalled that people sitting 600 miles away would override home rule to that extent.”
So, who ya got: Upset locals or lobbied state legislators? Discuss.
As much as I would like to dunk on Florida politicians because they do horrible things, I do not think this is a good example. The measure Key West voters want is the kind “keep out” measure I deplore because it feels outdated and connected to reptilian brains.Report
I lean towards Saul’s take though for slightly different reasons. The ‘local rule’ thing is probably better characterized as a form of NIMBYism where there is a clear local interest in prioritizing one kind of tourism/tourist over another. It’s perfectly legitimate for the state to overrule those kinds of barriers where they run counter to broader public and economic interests. Which isn’t to say that locals never know better but I don’t think there should be a presumption that they do.Report
If they don’t like it, they should move to Somalia.Report
Ever been in a small city when 1500 people or 3000 show up to show for trinkets? I have. It was a made house. The residents of a small locale are perfectly reasonable in wanting not to have their town overrun with a bunch of tourists, and to even cater to the high end market if they want….just like passing a law that you can’t be shirtless within the bounds of the city, etc.Report
I think this is a good take. I’ve ridden RAGBRAI a few times, and introducing 20,000 cyclists into a town of 2,500 is a logistical nightmare. Iowa towns, however, love the income the riders bring so they compete every year to be overnight towns.
If the good people of Key West are ready to forego the tourism dollars, and the Florida state constitution allows them to do so, then they should absolutely have that power.Report
IIRC, states are sovereign, not counties or cities. So while I sympathize with the Keys, and find the lobbied legislators to be rather loathsome, the power does lie with the state.Report
Florida’s constitution guarantees “home rule” so local municipalities can make just this kind of decision. Just as states are protected from Fed overreach by US Constitution, FL constitution is *supposed to* protect cities and counties from state overreach.Report
For the most part, the feds don’t like dealing with counties, cities, special districts, etc, even if the state has delegated authority to them. This can create problems. George W. Bush’s original No Child Left Behind Act included competitive grants to states for this purpose and that. Early grants were won largely by states in the Northeast and Midwest because state constitutions in the South and West tend to make school districts independent of state control. The grant system deducted points if the state government could not impose detailed procedures on the districts.
The degree of delegation varies widely. Colorado counties are purely creatures of the state government (counties have gone to court many times trying to get that reversed). OTOH, the state constitution makes school districts nearly independent of state control.Report
Right, but that’s an artifact of the state constitution granting some degree of sovereignty to smaller unit, but it still comes from the state.
And ports are something I can very much see a state deciding that to exercise control over.
So to that, if KeysFish is correct (& I defer to him since I have no idea what FL does), then it sounds like something the state courts will sort out.
But my more general point stands, states are granted sovereignty, and retain it over counties and cities unless the state specifically grants it to them.Report
Example: the Georgia just gave itself the ability to replace county election boards, and that’s both a legislative coup aimed at turning it into a one-party state and entirely legal.Report
Exactly. Counties have no sovereignty beyond what the state grants.
Now it’s probably not smart, depending on how strong the Democrats and folks falling to the left are, but it’s not illegal or (AFAIK) unconstitutional.Report
Likewise, the state of Michigan was completely within its power to replace the elected government of Flint with an emergency manager who would, as a cost-cutting measure, poison its water supply.
And it could be argued (and has been) that the creation of West Virginia was illegal, since neither the localities involved nor the federal government had the power to change the boundaries of a sovereign state.Report
Didn’t they “finesse” the language in the Constitution? Congress recognized some bunch from what would be West Virginia as the legitimate state legislature for Virginia and accepted their request to split the state (with no one from the Confederate states seated)?Report
Fishing in the Keys is worth $800 million and supports 1000s of jobs — the big cruise ships rip up the sea floor and trash the fishery, putting real livelihoods at risk. On the other hand you’ve got foreign owned corporations that don’t follow US Labor law and pay their workers less than $20,000 per year while top execs take home $20M-$30M per year. Working people in the Keys voted to change the business model of their port. They ought to be allowed to see it through.Report
This is kind of a pointless argument to make here. I’m not saying you are right or wrong, but it’s a value laden argument that has nothing to do with the legal question, which is:
Does the state have the power to over-rule the Keys on with regard to seaport management?
If the FL constitution grants considerable sovereignty to local governments over such issues, then the state is wrong and the Keys can take them to court and overturn the proposed law. If, however, the state is correct, then the value laden argument needs to be directed at the FL public and the members of the FL legislature so that laws can be crafted or amendments added to the FL constitution granting localities more authority over ports and fisheries management.Report
Point taken. The referendums were challenged in State and Federal court before the election and survived those challenges. Post-election, there are other challenges that could be brought in the courts. But rather than seeking remedies under existing law, the cruise companies are working the legislature to draft an entirely new law. If they succeed, the new Key West laws will be made illegal retroactively. Yes, the state clearly has the power to do this. But it is an extreme and antidemocratic use of that power.Report
Not disagreeing with you about the end run around what the Keys want, just trying to keep the discussion on point.Report