ST. PETERSBURG — A federal judge in Florida has voided the national mask mandate covering airplanes and other public transportation as exceeding the authority of U.S. health officials in the coronavirus pandemic.
The decision Monday by U.S. District Judge Kathryn Kimball Mizelle in Tampa, an appointee of former President Donald Trump, also said the Centers for Disease Control and Prevention improperly failed to justify its decision and did not follow proper rulemaking.
In her 59-page ruling, 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.
The Justice Department declined to comment Monday when asked if the government planned to appeal the ruling.
The CDC recently extended the mask mandate, which was set to expire Monday, 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.
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.
There have been a series of violent incidents on aircraft that have mainly been attributed to disputes over the mask-wearing requirements.
The lawsuit was filed in July 2021 by two Tampa Bay 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.”
There was no immediate word on whether the government will appeal.
By CURT ANDERSON, Associated Press. Associated Press writer Michael Balsamo contributed to this story from Washington.
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How to get tested
Tampa Bay: The Times can help you find the free, public COVID-19 testing sites in Citrus, Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk and Sarasota counties.
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Florida: The Department of Health has a website that lists testing sites in the state. Some information may be out of date.
The U.S.: The Department of Health and Human Services has a website that can help you find a testing site.
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How to get vaccinated
The COVID-19 vaccine for ages 5 and up and booster shots for eligible recipients are being administered at doctors’ offices, clinics, pharmacies, grocery stores and public vaccination sites. Many allow appointments to be booked online. Here’s how to find a site near you:
Find a site: Visit vaccines.gov to find vaccination sites in your ZIP code.
More help: Call the National COVID-19 Vaccination Assistance Hotline.
Phone: 800-232-0233. Help is available in English, Spanish and other languages.
Disability Information and Access Line: Call 888-677-1199 or email [email protected].
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OMICRON VARIANT: Omicron changed what we know about COVID. Here’s the latest on how the infectious COVID-19 variant affects masks, vaccines, boosters and quarantining.
KIDS AND VACCINES: Got questions about vaccinating your kid? Here are some answers.
BOOSTER SHOTS: Confused about which COVID booster to get? This guide will help.
BOOSTER QUESTIONS: Are there side effects? Why do I need it? Here’s the answers to your questions.
PROTECTING SENIORS: Here’s how seniors can stay safe from the virus.
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George is Digismak’s reported cum editor with 13 years of experience in Journalism