ST. PETERSBURG, Florida – A federal judge in Florida on Monday revoked a national mandate for a mask covering airlines and other public transportation because it exceeded the powers of U.S. health officials in their response to the coronavirus pandemic.
The mandate, recently extended by the US Centers for Disease Control and Prevention, covered a wide range of transportation, from planes and trains to city subways and shared travel vehicles such as Uber.
The decision by U.S. District Judge Catherine Kimball Misel in Tampa, appointed to former President Donald Trump, also says the CDC has failed to justify its decision improperly and has not followed proper rules-making procedures that have left it fatally inadequate.
In his 59-page ruling, Misel said the only remedy was to repeal the rule altogether across the country, because it would be impossible to end it for a limited group of people who objected to the case.
The judge said that “a limited remedy would not be a remedy at all” and the courts have full power to make a decision like this – even if the CDC’s anti-virus goals are commendable.
“Because our system does not allow agencies to act illegally, even in pursuit of desired goals, the court declared it illegal and released the mandate of the mask,” she wrote.
The justice ministry declined to comment Monday on whether the government plans to appeal the decision. The CDC also declined to comment.
White House spokeswoman Jen Psaki told reporters that federal agencies were still evaluating the ruling Monday afternoon.
“This is obviously a disappointing decision,” Psaki said. “The CDC recommends wearing a mask on public transport.”
Florida Republican Gov. Ron DeSantis, who was not directly involved in the case but is fighting against many government requirements for the coronavirus, praised the decision in a statement on Twitter.
“It’s great to see a federal judge in Florida obey the law and reject Biden’s mandate for a transport mask. “Both airline employees and passengers deserve this end of misery,” DeSantis wrote on Twitter.
The CDC recently extended the mask’s mandate, which was due to expire on Monday, to May 3 to allow more time to study the BA.2 omicron subvariant of the coronavirus, which is now responsible for most cases in the United States.
The mandate covers all modes of transportation in the United States, as well as the requirement for masks at any transportation center, such as an airport, seaport, or bus terminal. On Monday, it was not immediately clear whether some of these subjects would continue to require masks on their own.
United Airlines told officials that the mask rule remains in effect as federal officials decide how to respond to the judge’s decision. Other airlines and their Airlines for America trade group did not respond immediately to requests for comment following the publication of the decision.
The Stewardess Association, the country’s largest union of cabin crews, recently took a neutral position on the mask rule, as its members are divided on the issue. On Monday, the union president called for calm on planes and airports.
“The last thing we need for frontline workers or passengers traveling today is confusion and chaos,” said union leader Sarah Nelson.
Nelson said airlines need 24 to 48 hours to introduce new procedures and tell employees about them. She said passengers should consult with airlines for updates on travel requirements.
In New York, Metropolitan Transportation Authority Director Tim Minton said: “We continue to follow the CDC’s instructions and review the Florida court order.
The MTA operates New York City’s subway buses and trains, as well as two railroads. Face covers are mandatory on all trains and buses since the beginning of the pandemic.
The federal requirement for a passenger mask was the goal of months of lobbying by airlines trying to kill him. Carriers claim that the effective air filters of modern aircraft make the transmission of the virus in flight very unlikely. Republicans in Congress also fought to kill the mandate.
Critics took advantage of the fact that the states repealed rules requiring masks in restaurants, shops and other indoor venues, and yet COVID-19 cases fell sharply after the Omicron variant peaked in mid-January.
There have been a series of violent incidents on airplanes, mainly due to disputes over the requirements for wearing masks.
The lawsuit was filed in July 2021 by two plaintiffs and the Fund for the Protection of Freedom of Health, described in the judge’s order as a non-profit group that “opposes laws and regulations that force people to provide medical products, procedures and devices against their will ”
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Associated Press writers David Koenig of Dallas, Michael Balsamo and Will Weisert of Washington, and Karen Matthews of New York contributed to this story.
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