Fed judge tosses mask mandate
TSA won’t enforce rule, airlines to set own policies
A federal judge in Florida struck down the national mask mandate covering airlines and other public transit Monday, and the Biden administration said the rule would not be enforced while agencies decide how to respond to the judge’s order.
The ruling appeared to free operators to make their own decisions about mask requirements, with several airlines announcing they would drop mandates.
The MBTA said Monday in a tweet it was reviewing the decision.
“The MBTA is continuing to follow (Centers for Disease Control and Prevention) guidelines and will review the court order. We are also reaching out to our federal partners to get further guidance,” the agency said after the ruling.
A U.S. administration official said while the agencies were assessing potential next steps, the court’s decision meant the CDC’s public transportation masking order was no longer in effect. The administration could still opt to appeal the order or seek an emergency delay in the order’s enforcement.
“Therefore, TSA will not enforce its Security Directives and Emergency Amendment requiring mask use on public transportation and transportation hubs at this time,” the official said in a statement.
The Association of Flight Attendants, the nation’s largest union of cabin crews, has recently taken a neutral position on the mask rule because its members are divided about the issue. On Monday, the union’s president appealed for calm on planes and in airports.
“The last thing we need for workers on the frontlines or passengers traveling today is confusion and chaos,” union leader Sara Nelson said.
Nelson said it takes airlines 24 to 48 hours to put new procedures in place and tell employees about them. She said passengers should check with airlines for updates about travel requirements.
The decision by U.S. District Judge Kathryn Kimball Mizelle in Tampa, an appointee of former President Donald Trump, said the CDC failed to justify its decision and did not follow proper rulemaking procedures that left it fatally flawed.
In her 59-page ruling, Mizelle said the only remedy was to vacate the rule entirely across the country because it would be impossible to end it for the limited group of people who objected in the lawsuit.
The judge said “a limited remedy would be no remedy at all” and courts have full authority to make a decision such as this — even if the CDC’s goals in fighting the virus are laudable.
The Justice Department declined to comment when asked if it would seek an emergency stay to block the judge’s order. The CDC also declined to comment.
“This is obviously a disappointing decision,” White House press secretary Jen Psaki told reporters. “The CDC is recommending wearing a mask on public transit.”