A Trump-appointed U.S. district judge in Florida voided the Biden administration's mask mandate that applied to plane, train and bus travel. It had just been renewed by the CDC on April 13 and was due to expire on May 3.
“U.S. District Judge Kathryn Kimball Mizelle of the Middle District of Florida said the mandate exceeds the statutory authority of the Centers for Disease Control and Prevention [CDC],” reports Michael Laris for The Washington Post on April 18. “Federal officials last week had extended the mask mandate for commercial flights and in other transportation settings, including on buses, ferries and subways, until at least May 3.”
In her decision Monday, Mizelle, who was appointed by former president Donald Trump and clerked for Supreme Court Justice Clarence Thomas, said the CDC had relied on a 1944 law, the Public Health Service Act [aka Title 42], to impose the mandate. But the government’s argument that it put the mask requirement in place for the purpose of “sanitation” falls short, Mizelle argued.
The case was brought on behalf of a legal group known as Health Freedom Defense Fund and airline passengers, including Ana Daza, who said she has anxiety aggravated by wearing masks.
“The court concludes that the Mask Mandate exceeds the CDC's statutory authority and violates the procedures required for agency rulemaking under the Administrative Procedure Act,” states the 59-page ruling [pdf].
Accordingly, the Court vacates the mandate and remands it to the CDC.
No word on whether CDC plans to appeal the decision, noted Laris. “The CDC said Monday it wouldn’t comment on pending litigation.”
Completes transition from pandemic to endemic policy response
The CDC had already essentially transitioned from a pandemic to an endemic response to COVID-19 when it revised its masking guidance on Feb. 25.
“The transportation mandate has been among the highest-profile mask requirements in the country, persisting after most school districts and other jurisdictions have allowed similar mandates to expire,” added Laris.
What is not known is if the coronavirus itself is ready to make that transition to endemicity.
According to The New York Times coronavirus tracker, transmission has increased nationwide by 39% in the last two weeks to a daily average of almost 37,000 new cases on April 17. However, hospitalizations, a better COVID metric when breakthrough infections during the omicron wave are commonplace, have decreased by 7 percent to just below 15,000, the lowest in any surge or wave since the start of the pandemic over two years ago.
Hat tip to Katie Shepherd who writes The Washington Post Coronavirus Updates newsletter.
Related on Planetizen:
-
CDC Relaxes Guidance to Allow Most Americans to Ditch Masking, March 1, 2022
-
CDC's New Face Mask Requirement on Transit Takes Effect Tuesday, February 1, 2021
FULL STORY: Federal judge voids mask mandate for airplanes, in other transportation settings
After Waiting Two Days, Justice Department Appeals Transit Mask Ruling
Mystery surrounds the decision by the Biden administration to not ask for an immediate stay of an unanticipated district court ruling to vacate the CDC's masks-on-transit rule. Two days later they appealed as coronavirus cases increase nationwide.
Pandemic Debate: Civil Liberties vs. Individual Liberties
The American Civil Liberties Union stepped into the nation's masking debate in K-12 schools on the side of parents of students with disabilities. They won the first round in the U.S. Southern District Court of Iowa. Mask mandates are permitted again.
Florida Judge Rules That Governor Overstepped Authority in Banning School Mask Mandates
A group of parents won the first round on Aug. 27 in a state circuit court in a dispute with the governor and state education agencies over the ability of school boards to require all students to wear masks to prevent the spread of the coronavirus.
Analysis: Cybertruck Fatality Rate Far Exceeds That of Ford Pinto
The Tesla Cybertruck was recalled seven times last year.
National Parks Layoffs Will Cause Communities to Lose Billions
Thousands of essential park workers were laid off this week, just before the busy spring break season.
Retro-silient?: America’s First “Eco-burb,” The Woodlands Turns 50
A master-planned community north of Houston offers lessons on green infrastructure and resilient design, but falls short of its founder’s lofty affordability and walkability goals.
Test News Post 1
This is a summary
Analysis: Cybertruck Fatality Rate Far Exceeds That of Ford Pinto
The Tesla Cybertruck was recalled seven times last year.
Test News Headline 46
Test for the image on the front page.
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.
EMC Planning Group, Inc.
Planetizen
Planetizen
Mpact (formerly Rail~Volution)
Great Falls Development Authority, Inc.
HUDs Office of Policy Development and Research
NYU Wagner Graduate School of Public Service