Coronavirus

Metra, CTA, Airlines Respond to Judge's Ruling on Travel Mask Mandate

The mask mandate was recently extended by President Joe Biden's administration until May 3

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Airlines and Chicago and Illinois transit agencies responded Monday to a Florida judge's ruling voiding the national mandate for public transportation, many saying the requirement will remain in place despite the ruling - for the time being. But for others, masks aren't being enforced.

United Airlines said in a notice to travelers Monday evening that "effective immediately, masks are no longer required" on domestic flights and "select international flights" or at U.S. airports.

"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," the statement read.

The Chicago-based airline had previously said in communications to employees that its masking policy would remain in effect despite the ruling until further guidance from the government, saying "we will continue to closely monitor the situation in the event of changes.

The Chicago Department of Aviation said in a statement that it "will continue to follow, observe and enforce all current and future guidance by federal, state and local health and security authorities."

"For additional information on the federal mask mandate for public tranportation [sic], please refer to the U.S. Transportation Security Administration (TSA) and Centers for Disease Control and Prevention (CDC)," the CDA stated.

Metra said in a statement that it does not currently plan on changing its requirement.

"We are not making any immediate changes to the mask requirement while we assess the situation," the rail agency said.

In Chicago, the Chicago Transit Authority said it too will continue requiring face masks on trains and buses.

"If that requirement changes, we will notify customers," the CTA said.

A federal judge in Florida on Monday voided the national mask mandate covering airplanes and other public transportation as exceeding the authority of U.S. health officials in the coronavirus pandemic.

The decision by U.S. District Judge Kathryn Kimball Mizelle in Tampa, an appointee of former President Donald Trump, also said the Centers for Disease Control and Prevention improperly failed to justify its decision and did not follow proper rulemaking.

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 that the 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.

The Justice Department declined to comment Monday when asked if the government planned to appeal the ruling.

White House spokesperson Jen Psaki called the judge's decision "disappointing" and said the "CDC continues recommending wearing a mask on public transit."

The Department of Homeland Security and CDC are reviewing the decision and the Justice Department would make any decisions about litigation, she said. An administration official said the TSA will not enforce the requirement in the meantime.

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.

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.

The lawsuit was filed in July 2021 by two 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.”

NBC Chicago/Associated Press
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