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Tampa federal judge voids U.S. mask mandate for planes, other travel

The decision Monday by U.S. District Judge Kathryn Kimball Mizelle in Tampa also said the Centers for Disease Control and Prevention improperly failed to justify its decision and did not follow proper rulemaking.
In this March 30 photo, masked passengers ride the escalators at Tampa International Airport in Tampa. A federal judge in Florida has voided the national mask mandate covering airplanes and other public transportation as exceeding the authority of U.S. health officials. The decision Monday by U.S. District Judge Kathryn Kimball Mizelle in Tampa also said the Centers for Disease Control and Prevention improperly failed to justify its decision and did not follow proper rulemaking.
In this March 30 photo, masked passengers ride the escalators at Tampa International Airport in Tampa. A federal judge in Florida has voided the national mask mandate covering airplanes and other public transportation as exceeding the authority of U.S. health officials. The decision Monday by U.S. District Judge Kathryn Kimball Mizelle in Tampa also said the Centers for Disease Control and Prevention improperly failed to justify its decision and did not follow proper rulemaking. [ ARIELLE BADER | Special to the Times ]
Published Apr. 18|Updated Apr. 19

ST. PETERSBURG — A federal judge in Florida struck down a national mask mandate on airplanes and mass transit Monday, and airlines and airports swiftly began repealing their requirements that passengers wear face coverings.

The judge’s decision freed airlines, airports and mass transit systems to make their own decisions about mask requirements, resulting in a mix of responses.

The major airlines switched to a mask optional policy, with some eliciting cheers from passengers when the changes were announced over loudspeakers. The Transportation Safety Agency said Monday night that it would it will no longer enforce the mask requirement, and airports in Houston and Dallas almost immediately did away with their mandates after the TSA announcement.

But New York City’s public transit system planned to keep its mask requirement in place. The Washington Metropolitan Area Transit Authority said it would make masks optional for riders on its buses and trains.

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 mask requirement covered airlines, airports, mass transit and taxis, and was the biggest vestige of pandemic restrictions that were once the norm across the country.

The decision by U.S. District Judge Kathryn Kimball Mizelle in Tampa, an appointee of former President Donald Trump, also said the CDC improperly failed to justify its decision and did not follow proper rulemaking procedures that left it fatally flawed.

Related: With 8 years experience, Kathryn Kimball Mizelle’s set to be Tampa’s next federal judge

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 goals of the CDC in fighting the virus are laudable.

“Because our system does not permit agencies to act unlawfully even in pursuit of desirable ends, the court declares unlawful and vacates the mask mandate,” she wrote.

In this March 30 photo, a sign reminding passengers they are required to wear a mask while inside Tampa International Airport is seen in Tampa. On Monday, a federal judge in Tampa voided the national mask mandate covering airplanes and other public transportation, saying it exceeded the authority of U.S. health officials.
In this March 30 photo, a sign reminding passengers they are required to wear a mask while inside Tampa International Airport is seen in Tampa. On Monday, a federal judge in Tampa voided the national mask mandate covering airplanes and other public transportation, saying it exceeded the authority of U.S. health officials. [ ARIELLE BADER | Special to the Times ]
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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.

The White House said the court ruling means that for now the mask order “is not in effect at this time.”

“This is obviously a disappointing decision,” White House press secretary Jen Psaki told reporters. “The CDC is recommending wearing a mask on public transit.”

Related: 5 things to know about Kathryn Kimball Mizelle, Tampa judge who struck down travel mask mandate

The CDC recently extended the mask mandate, which was set to expire Monday, until May 3 to allow more time to study the BA.2 omicron subvariant of the coronavirus that is now responsible for the vast majority of cases in the U.S.

Tampa International Airport officials released a statement Monday saying it “is aware of today’s Federal ruling and is awaiting further direction from the Transportation Security Administration, which receives mask guidance from the CDC. We are in conversations with the TSA and our industry partners on what the ruling means for airports and will share any changes to our mask policy as we learn more.”

In this March 30 photo, a sign reminding passengers they are required to wear a mask while inside Tampa International Airport is seen in Tampa. A federal judge in Florida has voided the national mask mandate covering airplanes and other public transportation as exceeding the authority of U.S. health officials. The decision Monday by U.S. District Judge Kathryn Kimball Mizelle in Tampa also said the Centers for Disease Control and Prevention improperly failed to justify its decision and did not follow proper rulemaking.
In this March 30 photo, a sign reminding passengers they are required to wear a mask while inside Tampa International Airport is seen in Tampa. A federal judge in Florida has voided the national mask mandate covering airplanes and other public transportation as exceeding the authority of U.S. health officials. The decision Monday by U.S. District Judge Kathryn Kimball Mizelle in Tampa also said the Centers for Disease Control and Prevention improperly failed to justify its decision and did not follow proper rulemaking. [ ARIELLE BADER | Special to the Times ]

In New York, Metropolitan Transportation Authority communications director Tim Minton said the system was “continuing to follow CDC guidelines and will review the Florida court order.”

The MTA operates New York City buses and subway trains as well as two commuter rail lines. Face coverings have been mandatory on all trains and buses since early in the pandemic.

United Airlines said in a statement that, effective immediately, masks would no longer be required on domestic flights or certain international flights.

“While this means that our employees are no longer required to wear a mask – and no longer have to enforce a mask requirement for most of the flying public – they will be able to wear masks if they choose to do so, as the CDC continues to strongly recommend wearing a mask on public transit,” United said.

Delta Air Lines and Alaska Airlines also made similar announcements.

The mask requirement for travelers was the target of months of lobbying from the airlines, which sought to kill it. The carriers argued that effective air filters on modern planes make transmission of the virus during a flight highly unlikely. Republicans in Congress also fought to kill the mandate.

Critics have seized on the fact that states have rolled back rules requiring masks in restaurants, stores and other indoor settings, and yet COVID-19 cases have fallen sharply since the omicron variant peaked in mid-January.

There have been a series of violent incidents on aircraft that have mainly been attributed to disputes over the mask-wearing requirements.

In this March 30 photo, masked passengers walk inside Tampa International Airport in Tampa. On Monday, a federal judge in Tampa voided the national mask mandate covering airplanes and other public transportation, saying it exceeded the authority of U.S. health officials.
In this March 30 photo, masked passengers walk inside Tampa International Airport in Tampa. On Monday, a federal judge in Tampa voided the national mask mandate covering airplanes and other public transportation, saying it exceeded the authority of U.S. health officials. [ ARIELLE BADER | Special to the Times ]

The lawsuit was filed in July 2021 by two Tampa Bay plaintiffs and the Health Freedom Defense Fund, described in the judge’s order as a nonprofit group that “opposes laws and regulations that force individuals to submit to the administration of medical products, procedures and devices against their will.”

Republican Florida Gov. Ron DeSantis, who was not directly involved in the case but has battled against many government coronavirus requirements, praised the ruling in a statement on Twitter.

“Great to see a federal judge in Florida follow the law and reject the Biden transportation mask mandate. Both airline employees and passengers deserve to have this misery end,” DeSantis tweeted.

By CURT ANDERSON, Associated Press. Associated Press writers David Koenig in Dallas, Michael Balsamo and Will Weissert in Washington, and Karen Matthews in New York contributed to this story.

• • •

How to get tested

Tampa Bay: The Times can help you find the free, public COVID-19 testing sites in Citrus, Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk and Sarasota counties.

Florida: The Department of Health has a website that lists testing sites in the state. Some information may be out of date.

The U.S.: The Department of Health and Human Services has a website that can help you find a testing site.

• • •

How to get vaccinated

The COVID-19 vaccine for ages 5 and up and booster shots for eligible recipients are being administered at doctors’ offices, clinics, pharmacies, grocery stores and public vaccination sites. Many allow appointments to be booked online. Here’s how to find a site near you:

Find a site: Visit vaccines.gov to find vaccination sites in your ZIP code.

More help: Call the National COVID-19 Vaccination Assistance Hotline.

Phone: 800-232-0233. Help is available in English, Spanish and other languages.

TTY: 888-720-7489

Disability Information and Access Line: Call 888-677-1199 or email DIAL@n4a.org.

• • •

More coronavirus coverage

OMICRON VARIANT: Omicron changed what we know about COVID. Here’s the latest on how the infectious COVID-19 variant affects masks, vaccines, boosters and quarantining.

KIDS AND VACCINES: Got questions about vaccinating your kid? Here are some answers.

BOOSTER SHOTS: Confused about which COVID booster to get? This guide will help.

BOOSTER QUESTIONS: Are there side effects? Why do I need it? Here’s the answers to your questions.

PROTECTING SENIORS: Here’s how seniors can stay safe from the virus.

GET THE DAYSTARTER MORNING UPDATE: Sign up to receive the most up-to-date information.

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