Mask Mandate For Public Transit In VA, DC Overturned By Federal Judge
VIRGINIA — A federal judge in Florida overturned Monday the Centers for Disease Control and Prevention's national mask mandate for all forms of public transportation, including planes, trains and buses, will have an impact in the DC region.
In the Washington, D.C., area, the judge's ruling has affected rules governing Metro train and bus riders and passengers traveling through Dulles International Airport and Ronald Reagan Washington National Airport.
The CDC recently extended the mandate another 15 days, through May 3, because of the spread of the omicron B.A. 2 subvariant. The order went into effect Feb. 1, 2021.
U.S. District Judge Kathryn Kimball Mizelle of the Middle District of Florida said the CDC's order exceeds the agency's statutory authority, according to CNBC.
"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, CBS News reported. "Accordingly, the court vacates the mandate and remands it to the CDC."
The Biden administration has not said if it will appeal the ruling.
In response, the Transportation Security Administration said, due to the court ruling, effective immediately, TSA will no longer enforce its directive requiring mask use on public transportation and transportation hubs.
"CDC continues to recommend that people wear masks in indoor public transportation settings at this time," the TSA statement said.
Monday night Metro issued a release that effective immediately, masks are optional on Metrorail, Metrobus and MetroAccess. Masks also will be optional for Metro employees.
This change comes as a result of the Transportation Security Administration suspending enforcement, while the Biden Administration reviews a federal judge’s ruling, the release said.
“Our mask mandate has been based on federal guidance,” said General Manager and Chief Executive Officer Paul J. Wiedefeld in the release. “We will continue to monitor this situation as it unfolds, but masks will be optional on Metro property until further notice.”
In her 59-page ruling, Mizelle, who was nominated by former president Donald Trump and clerked for Supreme Court Justice Clarence Thomas, 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 case was brought on behalf of a legal group known as Health Freedom Defense Fund and airline passengers, including a woman who said she has anxiety aggravated by wearing masks, according to The Washington Post.
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, the Associated Press reported.
"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.
She also said that the CDC didn't offer justification for the extension of its mask mandate and didn't follow proper procedure in doing so, according to Fortune.
It is unclear clear how quickly the ruling will be implemented at airports, school buses, or train stations across the country, or if the U.S. Department of Justice will seek an order halting the ruling and file an appeal.
On Feb. 25, the CDC lifted its requirement that masks must be worn on buses or vans operated by public or private school systems. School systems at their discretion were still allowed to choose to require that people wear masks on buses or vans.
Virginia Gov. Glenn Youngkin signed a bill in February that included an emergency clause, requiring school divisions across the state to allow students to opt out of wearing a mask by March 1.
In the District of Columbia, public school students were no longer required to wear masks as of March 16.
Mizelle, who issued the ruling Monday, has served in the U.S. District Court for the Middle District of Florida since Sept. 8, 2020.
This story includes reporting by the Associated Press.
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This article originally appeared on the Falls Church Patch
