Federal Judge Voids Mask Mandate for Airplanes and Public Transit

By Corey Bartkus

On Monday, April 18, 2022, a federal judge from the U.S. District Court for the Middle District of Florida struck down the Centers for Disease Control’s (“CDC”) national mask mandate on airplanes and public transit.[1] The judge’s ruling freed airlines, airports, and mass transit systems to make their own decisions about mask requirements, resulting in a mix of responses. The filing came days after airline CEOs called on President Biden to drop the mandate.[2]

In the 59-page ruling, U.S. District Judge Kathryn Kimball Mizelle ruled that the CDC had exceeded its authority and failed to follow proper rulemaking procedures, thereby violating the Administrative Procedure Act.[3] Judge Mizelle stated that “a limited remedy would be no remedy at all”—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.[4]

On Wednesday, April 20, 2022, the U.S. Department of Justice filed a notice of appeal with the U.S. Circuit Court for the Eleventh Circuit, although it remains unclear whether the Biden Administration will ask the appeals court to grant an emergency stay to immediately reimpose the mask mandate on public transit.[5] In a separate statement on Wednesday, the CDC said that it is its “continuing assessment that at this time an order requiring masking in the indoor transportation corridor remains necessary for the public health.”[6]

Takeaway:

Disgruntled employees may use the federal judge’s ruling to bolster claims to their employers that mask mandates are no longer necessary. For employers who continue to institute a mask requirement in their workplace, please reach out to Campbell Litigation for the latest updates and guidance on this quickly evolving situation.

[1] https://s3.documentcloud.org/documents/21636220/047124235804.pdf

[2] https://www.npr.org/2022/03/24/1088669929/airlines-federal-travel-mask-mandate

[3] https://s3.documentcloud.org/documents/21636220/047124235804.pdf

[4] Id.

[5] https://www.justice.gov/opa/pr/justice-department-issues-statement-ruling-health-freedom-defense-fund-inc-et-al-v-biden-et

[6] https://www.cdc.gov/media/releases/2022/s0420-masks-public-transportation.html