US: Federal judge strikes down mask mandate for planes and public transit

A federal judge in Florida struck down the federal mask requirement on airplanes, trains, buses and other public transportation on Monday, less than a week after the CDC had extended it through May 3. In a 59-page decision, Judge Kathryn Kimball Mizelle, an appointee of former President Donald J. Trump, voided the mandate — which also applies to airports, train stations, and other transportation hubs — nationwide on several grounds, including ruling that the agency had exceeded its legal authority under the Public Health Services Act of 1944. Because of the ruling, the masking order was not in effect for the time being, an administration official said on Monday evening, and the TSA would not enforce it. The official said the administration was still reviewing the decision and assessing whether to appeal it, and that the CDC still recommended that people wear continue to wear masks in enclosed public transportation settings. It remained unclear whether any local transportation agencies or airlines would seek to keep their mandates in place. Earlier in the day, before the official said the TSA would not enforce the mandate, a series of state and local transit agencies across the country suggested they would keep their mask mandates for now. Still, governments and businesses across the nation have largely loosened precautions even as new known coronavirus cases are sharply rising again. Last week, the CDC extended the mask rule until May 3, citing a desire to assess the potential severity of the Omicron subvariant known as BA.2, which recently became the dominant version among new US cases. On Monday, the city of Philadelphia reinstated a mask mandate in response, becoming the first major city to do so. There were signs the ruling could lead to some confusion. On Monday afternoon, Sara Nelson, the president of the Association of Flight Attendants, a union representing around 50,000 workers at 20 airlines, said that she was awaiting “more legal analysis on what this means” and that it would take a minimum of 24 to 48 hours to enact and communicate new procedures. “We urge everyone to practice patience, remain calm, and to continue to follow crew member instructions,” she said. “And we remind passengers that it is legally required to follow crew member instructions, and that disruptive behavior has serious consequences as it puts everyone at risk.”<br/>
New York Times
https://www.nytimes.com/2022/04/18/us/politics/federal-mask-mandate-airplanes.html?searchResultPosition=2
4/18/22