By The Associated Press & Scripps National
In
this May 24, 2020 file photo, a Southwest Airlines flight attendant prepares a
plane bound for Orlando, Fla. for takeoff at Kansas City International
airport (AP Photo/Charlie Riedel
White House: TSA to stop enforcement of mandate
A federal judge in Florida has voided the national mask
mandate covering airplanes and other public transportation as exceeding the
authority of U.S. health officials.
The decision Monday by U.S. District Judge Kathryn Kimball Mizelle in Tampa
also said the Centers for Disease Control and Prevention improperly failed to
justify its decision and did not follow proper rulemaking.
The four largest U.S. airlines announced that mask mandates for domestic
flights would be dropped, the New York Times reported after executives
wrote a letter to President Biden last month asking that the requirements be
allowed to expire.
Delta released a statement that said, "Effective immediately, masks are
optional for all airport employees, crew members and customers inside U.S.
airports and on board all aircraft domestically, as well as on most
international flights. Delta employees and customers may continue wearing
masks if they so choose. Wearing a well-fitting mask protects the wearer, even
if others around them are not wearing masks."
The mask mandate had been recently extended by President Joe Biden’s
administration until May 3. On Monday the White House announced that it will be
reviewing the decision but confirmed that the Transportation Security
Administration will stop enforcing a mask mandate.
The Transportation Security Administration officially acknowledged the matter
releasing a statement on Monday writing, “Due to today’s court ruling,
effective immediately, TSA will no longer enforce its Security Directives and
Emergency Amendment requiring mask use on public transportation and
transportation hubs. TSA will also rescind the new Security Directives that
were scheduled to take effect tomorrow. CDC continues to recommend that people
wear masks in indoor public transportation settings at this time.”
"The Mandate exceeded the CDC's statutory authority, improperly invoked
the good cause exception to notice and comment rulemaking, and failed to
adequately explain its decisions. Because 'our system does not permit agencies
to act unlawfully even in pursuit of desirable ends,' the Court declares
unlawful and vacates the Mask Mandate," Mizelle wrote.
The Biden administration extended the mandate amid a small increase in COVID-19
cases in recent weeks.
A number of states have sued the federal government to order an end to the mask
mandate that covers passengers and crew on board planes, trains, buses and
rideshares.
The plaintiffs claim there is no "high-quality data to support the
efficacy of mask mandates, case numbers and hospitalizations experiencing a
large downward trend, and 81.7% of the population having received at least one
dose of the COVID-19 vaccine."
It was not immediately clear if or when the order would go into effect or
whether the CDC will appeal. The Justice Department declined to comment, but
released a statement to ABC News.
"We’re reviewing the decision and are declining any further comment,"
the department said.
Florida Gov. Ron DeSantis, whose state was among those that sued the
government, celebrated the ruling.
"Great to see a federal judge in Florida follow the law and reject the
Biden transportation mask mandate. Both airline employees and passengers
deserve to have this misery end," he said.
https://www.thedenverchannel.com/news/national/judge-voids-nationwide-mask-mandate-for-mass-transit
