U.S. District Court Judge Kathryn Kimball Mizelle ruled the current public transportation mask requirement "unlawful," on the grounds that the Centers for Disease Control and Prevention had exceeded its authority and failed to follow proper rule-making procedures.
In a 59-page ruling, Mizelle argued the mask requirement violates the Administrative Procedure Act, as the agency failed to prove its decision regarding implementing the mandate.
"Due to today’s court ruling, effective immediately, TSA will no longer enforce its security directives and emergency amendment requiring mask use on public transportation and transportation hubs," U.S. Transportation Safety Administration said in an April 18 statement. "TSA will also rescind the new security directives that were scheduled to take effect tomorrow. CDC continues to recommend that people wear masks in indoor public transportation settings at this time."
TSA's previous security directives and emergency amendment, announced April 13, required mask use on public transportation and transportation hubs through May 3.
As a result of the April 18 announcement, airlines, airports and mass transit systems are now free to make their own decisions about mask requirements, New York NBC News reported. Several airlines, including American, Delta, Frontier, Southwest, Spirit and United, immediately made their mask policy optional for domestic flights. International flight mask requirements vary on the destination location, the station reported.
However, some large cities such as New York have already announced masks will still be required on mass transit options including buses, subways, Metro-North, LIRR, NJ Transit and Greyhound Buses, New York NBC News reported.
Mizelle is a Tampa-based federal judge who was appointed by former President Donald Trump in 2020 and highly revered by U.S. Sen. Marco Rubio, R-Fla., according to station WTSP in Tampa.
