Many airlines quick to drop mask mandates after federal judge's ruling, but not CTA, Metra, or Pace for now
CHICAGO (CBS) -- A federal judge in Florida has voided the national mask mandate covering planes and other public transportation, and the Transportation Security Administration said it won't be enforcing the mandate anymore.
This prompted many airlines to drop their mask mandates on the spot. But some Chicago area public transit agencies have not followed suit.
The decision Monday by U.S. District Judge Kathryn Kimball Mizelle in Tampa said the order exceeds the authority of U.S. health officials, and that the Centers for Disease Control and Prevention (CDC) improperly failed to justify its decision and did not follow proper rulemaking according to the Administrative Procedure Act (APA).
"The court concludes that the mask mandate exceeds the CDC's statutory authority and violates the procedures required for agency rulemaking under the APA," the judge wrote. "Accordingly, the court vacates the mandate and remands it to the CDC."
The Trump-nominated judge also wrote that the court "accepts the CDC's policy determination that requiring masks will limit COVID-19 transmission and will thus decrease the serious illnesses and death that COVID-19 occasions" but "that finding by itself is not sufficient to establish good cause."
This ruling comes less than a week after the CDC decided to extend the federal mask mandate 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. Before that, it had been set to expire on Monday.
Airline executives have been lobbying for an end to the mask mandate on airplanes as most states have rolled back their masking requirements for indoor settings. Multiple airlines announced changes in policy right away Monday.
United Airlines said its mask requirement has now been dropped:
"Effective immediately, masks are no longer required at United on domestic flights, select international flights (dependent upon the arrival country's mask requirements) 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.
"We will continue to closely monitor the situation in the event of changes."
Delta Airlines announced that it is also lifting its mask mandate for domestic flights. The airline released this statement:
"Following the ruling of a U.S. district court judge on Monday, April 18, the Biden Administration announced that the Transportation Security Administration (TSA) will no longer enforce the federal mandate requiring masks in all U.S. airports and on board aircraft. Effective immediately, masks are optional for all airport employees, crew members and customers inside U.S. airports and on board all aircraft domestically, as well as on most international flights.
"Delta employees and customers may continue wearing masks if they so choose. Wearing a well-fitting mask protects the wearer, even if others around them are not wearing masks.
"Given the unexpected nature of this announcement, please be aware that customers, airline employees and federal agency employees – such as TSA – may be receiving this information at different times. You may experience inconsistent enforcement during the next 24 hours as this news is more broadly communicated – remember to show understanding and patience with others who may not be aware enforcement is no longer required. Communications to customers and in-airport signage and announcements will be updated to share that masking is now optional – this may take a short period of time.
"Local mask mandates in other countries may still be in effect. Additional updates will be provided as new information becomes available.
"We are relieved to see the U.S. mask mandate lift to facilitate global travel as COVID-19 has transitioned to an ordinary seasonal virus. Thank you for your support in complying with the federal mask mandate and keeping each other, and our customers, safe during the pandemic."
Southwest Airlines made a similar announcement:
"On Monday, a federal judge issued a decision stating the federal mask mandate for public transportation, including on airlines and at airports, is no longer in effect. Thereafter, the White House announced the masking order is not in effect, and the Transportation Security Administration (TSA) will not enforce the federal mask mandate at this time.
"As a result of this development, effective immediately, Southwest Employees and Customers will be able to choose whether they would like to wear a mask, and we encourage individuals to make the best decision to support their personal wellbeing. Additionally, Southwest will continue supporting the comfort of those who travel with us by offering additional layers of protection, including sophisticated cabin air ventilation systems onboard our aircraft which incorporate HEPA air filtration that removes at least 99.97% of airborne particles.
"We appreciate the cooperation and compliance efforts of our Customers and Employees as policies have evolved. We'll continue to monitor public health guidance, and federal requirements, while always keeping safety as our uncompromising priority."
A passenger took to Twitter from his seat aboard a United flight from Chicago to Alaska. He celebrated by removing his mask.
Some airline passengers also cheered at midflight announcements that the federal mask mandate was no longer in effect.
Before the airlines' announcements, CBS 2's Charlie De Mar spoke to CBS News travel expert Peter Greenberg about what the ruling will mean for travelers.
"In that decision, it's now started a scramble in the executive suites of every U.S. airline to try to figure out what the proper response will be the travelers as of now," Greenberg said.
Meanwhile, both Amtrak and Metra initially said they are not making any changes when it comes to masking—passengers will still be required to mask up.
The Chicago Transit Authority and Pace said the same.
"Masks are still required on CTA trains and buses," the CTA said in a statement. "If that requirement changes, we will notify customers."
A Pace spokeswoman said the suburban bus agency will continue to require masks while it reviews the situation.
But after the announcement that the TSA would not be enforcing the mask mandate anymore, Amtrak changed its position:
"While Amtrak passengers and employees are no longer required to wear masks while on board trains or in stations, masks are welcome and remain an important preventive measure against COVID-19. Anyone needing or choosing to wear one is encouraged to do so."
But the CTA and Metra have not changed their positions and are still requiring masks for now.
"I think what's next is they're going to just have to open the gates and basically eliminate the mask requirement," Greenberg said.
The TSA said it won't enforce the national mask mandate on planes and public transit anymore because the Tampa judge's ruling means the CDC's public transportation masking order is not in effect at this time. The mandate will not be enforced while federal agencies are reviewing the judge's decision, the administration official said. The CDC still encourages masking on public transit.
The Chicago Department of Aviation, which operates O'Hare and Midway airports, said it would "continue to follow, observe and enforce all current and future guidance by federal, state and local health and security authorities," and referred additional questions to TSA and CDC.
The CDC said it doesn't comment on pending litigation. The Justice Department is reviewing the decision.
"The CDC recommended continuing the order for additional time, two weeks, to be able to assess the latest science in keeping with its responsibility to protect the American people," White House press secretary Jen Psaki said Monday afternoon. "So this is obviously a disappointing decision. The CDC continues recommending wearing a mask in public transit. As you know, this just came out this afternoon, so right now, the Department of Homeland who would be implementing and the CDC are reviewing the decision and of course the Department of Justice would make any determinations about litigation."
