Travel Mask Mandate Rules Vary After Judge Strikes Down Law

Tuesday, April 19 2022 by CURT ANDERSON Associated Press

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Travelers line up wearing protective masks indoors at O'Hare International Airport in Chicago
AP/Nam Y. Huh
Travelers line up wearing protective masks indoors at O'Hare International Airport in Chicago

ST. PETERSBURG, Fla. (AP) — A federal judge's decision to strike down a national mask mandate was met with cheers on some airplanes but also concern about whether it's really time to end one of the most visible vestiges of the COVID-19 pandemic.

The major airlines and many of the busiest airports rushed to drop their requirements on Monday after the Transportation Security Administration announced it wouldn’t enforce a January 2021 security directive that applied to airplanes, airports, taxis and other mass transit.

But the ruling still gave those entities the option to keep their mask rules in place, resulting in directives that could vary from city to city.

Passengers on an United Airlines flight from Houston to New York, for instance, could ditch their masks at their departing airport and on the plane, but have to put them back on once they land at Kennedy Airport or take a subway.

In a 59-page lawsuit ruling, U.S. District Judge Kathryn Kimball Mizelle in Tampa said the U.S. Centers for Disease Control and Prevention overstepped its authority in issuing the original health order on which the TSA directive was based. She also said the order was fatally flawed because the CDC didn't follow proper rulemaking procedures.

Mizelle, an appointee of former President Donald Trump, said the only remedy was to throw out the mandate for the entire country because it would be impossible to end it only for the people who objected in the lawsuit.

The White House said the mask order “is not in effect at this time” and called the court decision disappointing.

The Justice Department declined to comment on whether it would seek an emergency stay to block the judge’s order. The CDC also declined to comment.

The ruling gives airports, mass transit systems, airlines and ride-hailing services the option to keep mask rules or ditch them entirely, resulting in rules that vary by city and mode of transportation.

Passengers on an United Airlines flight from Houston to Kennedy Airport, for instance, could ditch their masks at their departing airport and on the plane, but have to put them back on once they land in New York or take a subway.

Here's a look at how U.S. transportation centers and providers are responding:

AIRLINES

Major airlines were some of the first to update their rules after the court decision. United, Southwest, American, Alaska, Delta and JetBlue announced that, effective immediately, masks would no longer be required on domestic 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 Airlines said.

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.

Alaska Airlines said some passengers who were banned for violating the mask policy will remain banned.

AIRPORTS

Airports weren't as fast to do away with masks, with several expressing uncertainty about the ruling and taking a wait-and-see approach.

But others, including the two main airports in Houston, did away with mask requirements soon after the Transportation Security Administration said it would no longer enforce the mask mandate. Los Angeles International and Phoenix Sky Harbor also eliminated their mask requirements. San Francisco International Airport said it was waiting for further guidance from TSA.

The New York City airports appeared to keep the mandate intact.

TRAINS AND BUSES

The rules for train and bus passengers vary by city and transit agency.

In New York, Metropolitan Transportation Authority communications director Tim Minton said the system was keeping the mask mandate, meaning face coverings are still required on the subway, buses and commuter rail lines, as they have since early in the pandemic.

But the regional train system serving the Washington, D.C., area said Monday that masks will be now optional for its customers and employees going forward.

“Our mask mandate has been based on federal guidance,” said Paul J. Wiedefeld, general manager and CEO of the Washington Metropolitan Area Transit Authority. “We will continue to monitor this situation as it unfolds, but masks will be optional on Metro property until further notice.”

Amtrak also said it was making masks optional.

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