The Biden administration will no longer enforce a U.S. mask mandate on public transportation, after a federal judge in Florida on Monday ruled that the 14-month-old directive was unlawful, overturning a key White House effort to reduce the spread of COVID-19.
Soon after the announcement, United Airlines UAL.O and Alaska Airlines ALK.N relaxed the restrictions effective immediately on all domestic flights.
The ruling by U.S. District Judge Kathryn Kimball Mizelle, an appointee of President Donald Trump, came in a lawsuit filed last year in Tampa, Florida, by a group called the Health Freedom Defense Fund.
Judge Mizelle said the U.S. Centers for Disease Control and Prevention (CDC) had exceeded its authority with the mandate, had not sought public comment and did not adequately explain its decisions.
A U.S. administration official said while the agencies were assessing potential next steps, the court’s decision meant CDC’s public transportation masking order was no longer in effect.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.
“CDC recommends that people continue to wear masks in indoor public transportation settings.”
The ruling comes as COVID-19 infections rise again in the United States, with 36,251 new infections reported on average each day, and 460 daily deaths, based on a seven-day average – the highest number of reported total COVID-19 deaths in the world.
Judge Mizelle said the U.S. Centers for Disease Control and Prevention (CDC) had exceeded its authority with the mandate, had not sought public comment and did not adequately explain its decisions.
It was not clear whether the order would take immediate effect. The judge sent the issue back to the CDC, but the Transportation Security Administration’s (TSA) mask mandate appeared to still be in effect.
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The White House called the ruling “disappointing,” and said it is reviewing information related to the order.
“We’re continuing to recommend people wear masks,” White House spokesperson Jen Psaki told reporters.
Delta Air Lines Inc DAL.N said it will continue to comply with the TSA directive on masks until it is informed otherwise.
The TSA and Federal Aviation Administration (FAA) declined to comment. The CDC did not immediately comment.
The CDC first issued a public health order requiring masks in interstate transportation in February 2021. The TSA issued a security directive to enforce the CDC order.
Industry groups and Republican lawmakers had wanted the administration to end the 14-month-old mask mandate last week.
The ruling could create confusion on airplanes, where the mask mandate has caused a surge in incidents and altercations between airline officials enforcing the mandate and unruly passengers rejecting the demand they cover their faces.
Since January 2021, there have been a record 7,060 unruly passenger incidents reported, 70% involving masking rules, according to the FAA.
After the ruling, Sara Nelson, president of the Association of Flight Attendants, urged “calm and consistency in the airports and on planes. The last thing we need for workers on the frontlines or passengers traveling today is confusion and chaos.”
Airlines for America, which represents major U.S. passenger airlines, had last week urged the Biden administration “to lean into science and research,” saying that supports the lifting of the mask mandate. “It makes no sense to require masks on a plane when masks are not recommended in places like restaurants, bars or crowded sports facilities,” it said.
The group did not have an immediate comment on Monday’s ruling.
The U.S. Senate voted 57-40 last month to overturn the public health order requiring masks on airplanes and other forms of public transportation, drawing a veto threat from President Joe Biden.
(Reporting by David Shepardson, Mike Stone in Washington and Rajesh Kumar Singh in Chicago; Writing by Chris Sanders; Editing by Nick Macfie, Bernard Orr and Bill Berkrot)
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