A federal judge in Florida on Monday revoked a national mandate on masks that applies to airlines and other public transportation because they exceed the authority of U.S. health officials in their response to the coronavirus pandemic. The mandate, recently extended by the U.S. Centers for Disease Control and Prevention, extended to a wide range of vehicles, from planes and trains to urban subways and co-vehicles such as Uber. The decision by U.S. District Judge Catherine Kimball Misel in Tampa, the appointee of former President Donald Trump, also says the CDC misrepresented its decision and failed to follow proper rulemaking procedures that left it fatally wrong. In her 59-page ruling, Misel said the only remedy was to repeal the rule altogether across the country because it would be impossible to repeal it for a limited group of people who objected to the lawsuit. The judge said that will be a remedy ”, and the courts have full power to make such a decision – even if the CDC’s goals in combating the virus are commendable. “Because our system does not allow agencies to act illegally, even in pursuit of desired goals, the court declares illegal and cancels the mandate for the mask,” she wrote. The Justice Department declined to comment Monday when asked if the government plans to appeal the ruling. The CDC also declined to comment. Following the decision, three US airlines – Delta, United and Alaska – said masks were now optional on their planes. Alaska’s statement said passengers whose behavior had been “particularly outrageous” over the past two years in opposition to the mandate would remain banned from flying on the airline, “even after the mask policy is lifted.” White House spokeswoman Jen Psaki told reporters that federal agencies were still evaluating the court’s decision Monday afternoon. “It’s obviously a disappointment,” Psaki said. “The CDC recommends wearing a mask on public transport.” Republican Florida Gov. Ron DeSantis, who has not been directly involved in the case but is struggling with many government demands on the coronavirus, praised the decision in a statement on Twitter. “It’s great to see that a federal judge in Florida is enforcing the law and rejecting Biden’s mandate for a transport mask. Both the airline staff and the passengers deserve an end to this suffering, ”DeSantis wrote on Twitter. The CDC recently extended the mask’s mandate, which was due to expire on Monday, until May 3 to give more time to study the BA.2 omicron coronavirus sub-variant, which is now responsible for the vast majority of cases in the US. The mandate covers all types of transportation in the U.S., as well as mask requirements at any transportation hub, such as an airport, seaport, or bus station. On Monday, it was not immediately clear whether some of these organizations would continue to demand masks on their own. United Airlines told staff that the mask rule remains in effect until federal officials decide how to respond to the judge’s ruling. Other airlines and their Airlines for America trading group did not immediately respond to requests for comment after the ruling was published. The Association of Flight Attendants, the country’s largest flight attendants ’union, recently took a neutral stance on the mask rule because its members were divided on the issue. On Monday, the union president called for calm on planes and airports. “The last thing we need for front-line workers or passengers traveling today is confusion and chaos,” said union leader Sarah Nelson. Nelson said he takes airlines 24 to 48 hours to introduce new procedures and tell staff about them. She said passengers should check with airlines for information on travel requirements. In New York, Metropolitan Transportation Authority Director Tim Minton said, “We continue to follow the CDC’s recommendations and consider the Florida court’s decision.” buses and subway trains, as well as two suburban railway lines. Face coverage has been mandatory on all trains and buses since the beginning of the pandemic. Federal requirements for a passenger mask have been the subject of months of lobbying by airlines seeking to destroy it. Carriers have argued that efficient air filters on modern aircraft make transmission of the virus in flight very unlikely. Republicans in Congress also fought to destroy the mandate. Critics have taken advantage of the fact that states have repealed rules requiring masks in restaurants, shops and other premises, and yet cases of COVID-19 have fallen sharply since the Omicron variant peaked in mid-January. A series of violent incidents took place on the planes, which were mainly related to disputes over the requirements for wearing masks. The lawsuit was filed in July 2021 by two plaintiffs and the Freedom of Health Foundation, named in the judge’s ruling as a nonprofit group that “opposes laws and regulations that force people to submit medical products, procedures, and devices against their will.”
A federal judge in Florida on Monday revoked a national mandate on masks that applies to airlines and other public transportation because they exceed the authority of U.S. health officials in their response to the coronavirus pandemic.
The mandate, recently extended by the U.S. Centers for Disease Control and Prevention, covered a wide range of vehicles, from planes and trains to the city’s subway and vehicles such as Uber.
The decision by U.S. District Judge Catherine Kimball Misel in Tampa, the appointee of former President Donald Trump, also states that the CDC did not justify its decision and did not follow proper regulatory procedures that left it with fatal flaws.
In her 59-page ruling, Misel said the only remedy was to repeal the rule altogether across the country because it would be impossible to repeal it for a limited group of people who objected to the lawsuit.
The judge said that “a limited remedy will not be a remedy at all” and the courts have full power to make such a decision – even if the CDC’s goals in fighting the virus are commendable.
“Because our system does not allow institutions to act illegally, even in pursuit of desired goals, the court declares illegal and cancels the mandate for the mask,” she wrote.
The justice ministry declined to comment Monday when asked if the government plans to appeal the decision. The CDC also declined to comment.
Following this decision, three American airlines – DeltaUnited and Alaska – They said that masks are now optional on their planes. Alaska’s statement said passengers whose behavior had been “particularly outrageous” over the past two years in opposition to the mandate would remain banned from flying on the airline, “even after the mask policy is lifted.”
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White House spokeswoman Jen Psaki told reporters that federal agencies were still considering the court’s decision Monday afternoon.
“It’s obviously a disappointing decision,” Psaki said. “The CDC recommends wearing a mask on public transportation.”
Florida Republican Gov. Ron DeSantis, who was not directly involved in the case but fought many of the government’s demands for the coronavirus, praised the decision in a statement on Twitter.
“It’s great to see a federal judge in Florida enforce the law and reject Biden’s mandate for a transport mask. Both the airline staff and the passengers deserve an end to this suffering, ”DeSantis wrote on Twitter.
The CDC recently extended the mandate of the mask, which was due to expire on Monday, until May 3, to give more time to study subcontractor BA.2 omicron coronavirus, which is now responsible for the vast majority of cases in the US
The mandate covered all modes of transportation in the U.S., as well as the requirement of masks at any transportation hub, such as an airport, seaport, or bus station. On Monday, it was not immediately clear whether some of these organizations would continue to demand masks on their own.
United Airlines told staff that the mask rule remains in effect until federal officials decide how to respond to the judge’s ruling. Other airlines and their Airlines for America trading group did not immediately respond to requests for comment after the ruling was published.
The Flight Attendants Association, the country’s largest flight attendants ’union, recently took a neutral stance on the mask rule because its members were divided on the issue. On Monday, the union president called for calm on planes and airports.
“The last thing we need for front-line workers or passengers traveling today is confusion and chaos,” union leader Sarah Nelson said.
Nelson said airlines need 24 to 48 hours to introduce new procedures and notify staff. She said passengers should check with airlines for information on travel requirements.
In New York, Metropolitan Transportation Authority Director Tim Minton said, “We continue to follow the CDC’s recommendations and consider the Florida court’s decision.”
The MTA operates New York City’s subway buses and trains, as well as two commuter rail lines. Face coverage has been mandatory on all trains and buses since the beginning of the pandemic.
Federal mask requirement for travelers has been the subject of months of lobbying by airlines seeking to kill him. Carriers have argued that efficient air filters on modern aircraft make transmission of the virus in flight very unlikely. Republicans in Congress also fought to kill the mandate.
Critics have scoffed that states have rolled back rules requiring masks in restaurants, shops and other premises, and yet COVID-19 cases have fallen sharply since the Omicron variant peaked in mid-January.
There have been a series of incidents of violence on planes, mostly related to disputes over mask requirements.
The lawsuit was filed in July 2021 by two plaintiffs and the Freedom of Health Foundation, named in the judge’s ruling as a nonprofit group that “opposes laws and regulations that force people to submit medical products, procedures and devices against their will.”
CNN contributed to this report
A Florida judge is revoking a U.S. mandate on masks for airplanes and other travel
Source link A Florida judge is revoking a U.S. mandate on masks for airplanes and other travel