Pilots from major U.S. airlines are suing to stop the federal mask mandate for public transportation.
A group of 10 individuals who fly for JetBlue, Southwest Airlines, and American Airlines filed a lawsuit on Tuesday that argues the Federal Transportation Mask Mandate is “an illegal and unconstitutional exercise of executive authority” because the defendants — the Centers for Disease Control and Prevention and its parent agency, the Health and Human Services Department — “acted without” authorization or following the rulemaking process outlined by the Administrative Procedure Act.
“The court should vacate worldwide the FTMM,” the plaintiffs said in the lawsuit filed in the U.S. District Court for the District of Columbia. “The mask mandate is procedurally defective because the defendants adopted it without following the APA’s notice-and-comment requirements or considering the impact on tens of millions of travelers and transportation workers every single day.”
The plaintiffs asked the court to declare the mask mandate unconstitutional. The pilots also seek a “permanent injunction” instructing the CDC and HHS to “remove all signs informing passengers” of the FTMM, a permanent injunction that would prevent the agencies from issuing another similar order unless “enacted into law by Congress,” and they want to be awarded “costs and fees” they may incur “during the prosecution of this lawsuit.”
SOUTHWEST PILOT CAUGHT RANTING ABOUT BAY AREA RESIDENTS IN FOUL-MOUTHED HOT MIC MOMENT
An initial mask mandate was issued by the CDC on Feb. 1, 2021, in regards to public transportation, and it had an expiration date of May 11. The Transportation Security Administration then announced on different occasions the mask mandate would be extended through Sept. 13, Jan. 18, March 18, and most recently until April 18.
The pilots point out that in passing the mandate, the CDC “ignored countless scientific and medical studies” showcasing the ineffectiveness of facial coverings in preventing the spread of the COVID-19. As a result of the mask mandate, the pilots said they have a front seat row to the “chaos” that has ensued.
Among the disruptions reported over the past couple years are passengers refusing to wear facial coverings or families claiming to have been kicked off planes because their children weren’t wearing masks.
“We have serious concerns about the safety implications of the mask mandate, none of which were studied by the CDC or HHS,” the plaintiffs said in the lawsuit.
The Washington Examiner reached out to the CDC and HHS for comment.
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The Senate voted 57-40 on Tuesday regarding a Republican-backed resolution that would end the mandate. The resolution received support from eight Democratic Sens including, Michael Bennet, Catherine Cortez Masto, Maggie Hassan, Mark Kelly, Joe Manchin, Jacky Rosen, Kyrsten Sinema, and Jon Tester.
As the number of COVID-19 cases continues to drop, states and cities throughout the United States have been lifting the mask mandates.
