Masks off! Travelers rejoice as Biden admin says TSA will NOT enforce masks on planes after ruling

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The flight attendants’ union is warning that ‘inconsistent implementation of mask mandates’ after the federal mask mandate on public transportation was struck down will lead to ‘more violence’ and confusion on planes. 

‘We urge focus on clear communication so that flight attendants and other frontline workers are not subject to more violence created by uncertainty and confusion,’ the Association of Flight Attendants-CWA (AFA), which represents nearly 50,000 flight attendants across 17 airlines, said in a statement issued to Newsweek Monday.  

‘The last thing we need for workers on the frontlines or passengers traveling today is confusion and chaos. Traveling can be stressful enough and safety comes first with respect for everyone utilizing collective modes of transportation.’

The statement followed a ruling by US District Judge Kathryn Kimball Mizelle in Tampa, an appointee of former President Donald Trump, that appeared to free public transportation operators to make their own decisions about mask requirements. 

She said the Centers for Disease Control (CDC) had failed to justify its ‘unlawful’ mask policy, stretched the meaning of ‘sanitation’ in the law to encompass face coverings, and did not follow proper rulemaking procedures that left it fatally flawed.

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 plaintiffs in the lawsuit, two individuals and the non-profit Health Freedom Defense Fund.

The CDC had issued the mandate in February 2021 and it was due to expire next month after it was extended multiple times at the request of Joe Biden. Now operators can decide their own policy on mask-wearing, pending a potential appeal to the ruling by the US Department of Justice.

Multiple people flying the friendly skies posted videos and photos Monday of people whipping off their face coverings and cheering after a White House official said that passengers on planes, trains and buses could finally shed their masks after more than two years.  

One man wrote: ‘I’m on Delta flight to NYC now and the plane absolutely went bonkers when Captain said NO NEED TO WEAR A MASK ON THIS FLIGHT. We are taking our country back!!!’

Ben Dietderich added, as he heard the announcement: ‘A wonderful moment mid flight on @alaskaair today!

On the first flight to Las Vegas where passengers were allowed for the first time in more than two years to shed their masks during a flight, photographers captured people immediately getting rid of the face coverings.

Inside LAX airport, the scene was very quiet, as some passengers didn’t appear to be aware of the new rules allowing them to go mask-free. Signs were still up as of Monday evening advising passengers to wear masks at all times. 

TSA agents at the American Airlines terminal told photographers they were aware of the update.

On Monday, it was announced that the Transportation Security Administration (TSA) will no longer enforce masks on public transit – though the CDC still recommends them. 

‘The agencies are reviewing the decision and assessing potential next steps. In the meantime, today’s court decision means CDC’s public transportation masking order is not in effect at this time. Therefore, TSA will not enforce its Security Directives and Emergency Amendment requiring mask use on public transportation and transportation hubs at this time. CDC recommends that people continue to wear masks in indoor public transportation settings,’ an administration official said. 

Several airlines also announced that they will not enforce a mask policy for passengers anymore. 

Uber and Amtrak have followed airlines in scrapping their mask mandates after a federal judge ruled the CDC policy was ‘unlawful’. 

The ride hailing app said in a statement Tuesday morning: ‘As of April 19, 2022, riders and drivers are not required to wear masks when using Uber. 

‘However, the CDC still recommends wearing a mask if you have certain personal risk factors and/or high transmission levels in your area.

‘Remember: many people still feel safer wearing a mask because of personal or family health situations, so please be respectful of their preferences. And if you ever feel uncomfortable, you can always cancel the trip.’

Amtrak said in a statement that ‘masks are welcome and remain an important preventive measure against COVID-19. Anyone needing or choosing to wear one is encouraged to do so.’ 

Most operators have now declared masks are optional, but New York’s transit system is still implementing the draconian rules, and the city’s children have to keep wearing the coverings at school.  

Mizelle said the CDC had exceeded its authority with the mandate, had not sought public comment and did not adequately explain its decisions.  It has triggered a huge wave of violent clashes on planes across the US among passengers who want to be masked and others who’ve removed the coverings. 

White House Press Secretary Jen Psaki called the ruling a ‘disappointing decision’ during her briefing Monday afternoon and advised Americans to continue wearing masks on public transport. 

‘The CDC continues recommending wearing a mask in public transit,’ Psaki said. 

Asked why people were being asked to mask up on transit but not in the White House briefing room, Psaki told Fox News’ Peter Doocey: ‘I’m not a doctor, you’re not a doctor, that I’m aware of.

‘This is based on health considerations and data that the CDC looks at,’ she added. 

Shortly after the White House statement Delta, American, Alaska Airlines and United formally announced face masks are not required on their flights. 

‘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,’ United said in a statement. 

The mask mandate has caused a surge in incidents and altercations between airline officials enforcing the mandate and passengers rejecting the demand they cover their faces – the Federal Aviation Administration said that since January 2021, there have been a record 7,060 unruly passenger incidents reported – and 70% involved masking rules.   

Airlines for America had last week urged the Biden administration ‘to lean into science and research, which clearly support lifting the mask mandate. It makes no sense to require masks on a plane when masks are not recommended in places like restaurants, bars or crowded sports facilities.’

The group, which represents major U.S. passenger airlines, did not have an immediate comment on Monday’s ruling.  

In Judge Mizelle’s 59-page ruling Monday, Mizelle suggested that the mandate – in which non-complying travelers are ‘forcibly removed from their airplane seats, denied board at the bus steps, and turned away at the train station doors’ — was akin to ‘detention and quarantine.’

Mizelle said the only remedy was to vacate the rule entirely because it would be impossible to end it for the limited group of people who objected to it 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.  

It is unclear when or how quickly the ruling will be implemented at airports or train stations across the country or if the Justice Department will attempt to block the ruling and file an appeal.

There was no immediate word on whether the government will appeal.  

The mandate requiring face masks on airplanes, the subway, trains, buses and other forms of public transportation, was recently extended by the CDC until May 3, 2022. 

This is 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. 

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.’  

Earlier this month, Transportation Secretary Pete Buttigieg warned airline passengers not to be a ‘jerk’ as record fines were levied on two unruly passengers.  

‘Look. It’s one thing to be grumpy on a flight. I feel that way sometimes,’ Buttigieg said during an appearance on ABC’s The View. ‘But yeah, it’s another thing to endanger flight crews and to endanger fellow passengers. We have no tolerance for that. The FAA is actually getting ready to announce record fines on people who have done this.’

‘If you’re on an airplane, don’t be a jerk,’ he advised. ‘Don’t endanger your fellow passengers.’ 

The FAA imposed its zero-tolerance mandate when unruly passenger incidents escalated around the time of the Jan. 6, 2021, attack on the U.S. Capitol. 

Incidents remained elevated after President Joe Biden’s administration imposed a mandate requiring passengers to wear masks on airplanes and in airports because of COVID-19 cases in February 2021.

On Monday, the CDC dropped its ‘Do Not Travel’ COVID-19 recommendations for about 90 international destinations.

Last week, the CDC said it was revising its travel recommendations and said it would its reserve Level 4 travel health notices ‘for special circumstances, such as rapidly escalating case trajectory or extremely high case counts.’ 

The countries and others regions dropped to ‘Level 3: High,’ which still discourages travel by unvaccinated Americans, include the United Kingdom, France, Israel, Turkey, Australia, Greece, Hong Kong, Italy, Japan, South Korea, Spain and Russia.