Airlines say they will continue to enforce the federal face mask mandate despite the decision by a Florida judge on Monday to have the mandate struck down. The mandate was recently extended by the Centers for Disease Control and Prevention (CDC) through May 3 and transportation providers are being urged to observe the mandate until legal experts have unpicked this latest judgement.
Federal judge Kathryn Mizelle in the U.S. District Court in Tampa, Florida, said in deciding to strike down the mandate that its very existence “exceeded the CDC’s statutory authority” and that while face mask rules had been enacted for a good reason, the U.S. legal system didn’t allow government agencies to “act unlawfully even in pursuit of desirable ends”.
The lawsuit had been brought by lobby group the Health Freedom Defense Fund who successfully argued that the CDC failed to observe normal ‘notice and comment procedures’ when it introduced the mandate. The CDC has claimed it didn’t have time to waste going through the normal rulemaking procedure because the U.S. was facing a public health emergency.
A slew of lawsuits have all argued the same point but this is the first case in which a judge has ruled against the CDC and the White House.
“Immediately, we urge calm and consistency in the airports and on planes,” commented Sara Nelson, president of the Association of Flight Attendants (AFA-CWA). She fears “chaos” could erupt at airports and on airplanes as more passengers openly challenge the mandate in defiance of airline workers who are charged with enforcing the rules.
United Airlines says it will continue to observe the federal face mask mandate despite the fact the airline is one of many, including America and Delta Air Lines, who have challenged President Biden to ditch the mandate immediately.
“In aviation operations, it is impossible to simply flip a switch from one minute to the next. It takes a minimum of 24-48 hours to implement new procedures and communicate this throughout the entire network,” commented Nelson who represents United’s flight attendants.
“We urge everyone to practice patience, remain calm, and to continue to follow crewmember instructions. And we remind passengers that it is legally required to follow crewmember instructions,” she continued.
The Transportation Security Administration (TSA) is charged with implementing the mandate on behalf of the CDC but the agency did not immediately comment on the latest legal development. The TSA recently extended the mandate through May 3 at the behest of the CDC over BA.2 subvariant fears.
The CDC said a 15-day extension would allow it to monitor the spread of the Omicron variant including hospitalizations, deaths, and healthcare system capacity.
The decision by United and other airlines to continue to enforce the mandate stands in contrast to Dutch carrier KLM which no longer enforces mask rules on its planes. KLM made the decision in protest at the Dutch government’s decision to face mask rules everywhere except in airports and on airplanes.
Other foreign carriers flying to the United States have avoided unruly passenger behavior by allowing customers to medically self-exempt themselves from face mask rules at any point during the journey.
Update: The Biden administration has now lifted the face mask mandate. Full details here: White House Temporarily Drops Face Mask Mandate But is Considering Legal Appeal
I have a great idea. Let’s petition the gov. to drop the mandate, then when a judge orders the mandate to be dropped we will continue the nonsense.
There’s no “chaos.” Anyone who supports masking is still free to wear a mask. Or two masks. Or six masks.
They just can’t force OTHER people to wear masks.
That’s not “chaos.”
It’s just the absence of tyranny.
“Selfishness is not living as one wishes to live. It is asking other people to live as one wishes to live.” – Oscar Wilde