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

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Passengers are rejoicing the end of the pandemic-era mandate requiring face masks on planes – but a flight attendants’ union has warned of further mid-air violence if the new rules aren’t explained clearly. 

On Monday, US District Judge Kathryn Kimball Mizelle struck down the mask mandate, saying that the CDC had overstepped its remit, and that its continued enforcement was illegal.

The White House and TSA, which manages passengers at airports, say they won’t challenge Mizelle’s ruling, meaning the mask mandate has now officially ended.

Individual airlines and airports can continue to enforce it if they see fit, although so-far all major US carriers have chosen to scrap the mask rule, with passengers filmed cheering with delight at the news. 

‘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 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.  

While many flights saw passengers and crews rejoicing amid news that masks had been scrapped, union president Sara Nelson argued the way lifting the mandate was handled was unprofessional. 

‘It is not right that we would change in a moment’s notice yesterday because there were people who got on the plane with a certain set of rules. They decided to buy a ticket with that certain set of rules and mid-flight or when they were landing those rules changed,’ Nelson told CNBC Squawk Box Tuesday.

‘They should have at least been a 24-hour period where we are giving notice. That would have been more orderly for the flight crews.’ 

Neslon, questioned about whether mask mandates should have remained in place, said she was not arguing in favor of extending the pandemic-era policy, but instead wants travelers to be courtesy. 

‘Every flight attendant knows that when you start off flying you have to get your air legs underneath you and one of those things means you’re going to get all of the viruses and you’re going to get an incredible immune system. The idea that people would say I’m going to go on an airplane sick is pretty offensive to me. That’s my workplace,’ she said. ‘If you knowingly do that, so I’m just talking about common courtesy here. I am not talking about extending the mask mandate.’

Nelson also argued that most travelers want to have a ‘safe, uneventful flight’ and act with courtesy and thoughtfulness. 

She claimed masks have been touted as a controversial issue, but that most passengers have no issues following the rules. 

‘I think what we have learned is there are some people who have decided this is a political hot button to keep us divided and keep us thinking that we are at odds with each other when in fact, my experience as a flight attendant – I think most flight attendants would tell you – the vast majority of people come to the door of our aircraft with the desire to have a safe, uneventful flight and are also very courteous and thoughtful about other people,’ she said. 

‘It is only a small handful of people who cause problems.’  

Travelers, though many seem happy to be able to fly without masks, have issued mixed response to the abrupt end of the coronavirus-era restriction. 

‘I am on a plan with my 2 not-yet-eligible for vax kids & the pilot just announced that the mask mandate has just this minute ended,’ Twitter user @BrookeTansley complained. ‘Ppl clapped & took off their masks. Here we are having boarded a plane with our kids. Very upset, @Delta, that this was announced mid flight.’

‘Hopefully you’ll be as understanding when flights start getting cancelled left and right in 4-6 weeks,’ @rwarrin64 criticized. 

‘I can’t stop thinking about people who may have chosen to book and board this flight based on a personal risk assessment that involved everyone being masked,’ said Maggie Astor. ‘And then, MIDFLIGHT, when it was physically impossible to leave, that element of their risk assessment was upended.’

‘I am personally very tired of screaming inside my heart for two straight years only to watch airlines lift mask mandates while the equivalent of a plane’s worth of people still die every day of Covid-19 in the US,’ Karen Ho shared.

‘If someone asks why you’re wearing a mask on a plane just say “Oh I have COVID!” and watch their face,’ Bess Kalb joked. 

‘Sitting on a plane and the passengers erupted in applause when the pilot announced the federal judge in Florida’s decision to toss mask mandates,’ said Florida Congressman Mike Waltz. ‘The pilot then said we had to stick to the old rules until further guidance from DHS – met with boos!’

‘I’m not sure if I’m happier about not having to wear a mask on the plane or happier about flight attendants not being able to run around screaming like they’re dictators of the sky,’ said Christian Walker. 

‘The average American spends something like 5 hours per year on a plane. The mask mandate might be good or bad at the margin, but it is very unlikely to make a major difference in the overall course of the coronavirus,’ Nate Silver argued.

‘If you are too scared to board a plane now that the mask mandate has been lifted, you can always just drive,’ mocked @americangirljb. 

European airlines are weighing their mask mandates in wake of America’s ruling against them. Many are split on whether face coverings will be required on international flights, The Wall Street Journal reported.

Air France and Lufthansa have said masks are still required onboard their flights in accordance with French and German regulations. 

British Airways and Butch carrier KLM told the newspaper that mask requirements would be dependent on the restrictions in place at a passengers arrival destination. 

Despite that ruling, however, KLM said it was still telling travelers the carrier ‘strongly advises all passengers’ to wear masks while onboard.

Virgin Atlantic has made masks optional for all routes between the US and UK.

‘This aligns with our existing mask policy on routes where international regulations around mask-wearing do not apply, including on flights to destinations in the Caribbean,’ a Virgin Atlantic spokesman told the newspaper, reiterating that customers should be ‘respectful’ of other traveler’s mask preferences. 

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.’  

Megabus announced Tuesday that masks will no longer be required for drivers or passengers across the US.

‘Effective immediately, megabus.com will no longer require masks for our employees and our customers while traveling on our vehicles in the United States,’ the company said in a statement.

Megabus noted that the CDC still recommends wearing masks when utilizing public transportation and encouraged customers to ‘make the choice that makes sense for them’.

‘Please be mindful that masks may still be required while traveling through the bus stations we serve,’ the statement read. ‘We are extremely thankful for everything our employees and customers did to keep each other safe over the course of the pandemic.’ 

As of Tuesday morning, nationwide bus carrier Greyhound still had not yet rescinded its mask requirement.

The company’s website stated: ‘All customers, including those who have been vaccinated, are still required by Federal law to wear a mask while on buses, in our terminals, and when you’re boarding, even when we’re boarding outside. Masks must also be worn between sips and bites when customers are eating or drinking. 

‘Refusal to wear a mask is a violation of Federal law and may result in denial of boarding or removal from our facilities or buses and passengers may also be subject to penalties.’

A Greyhound spokesperson told DailyMail.com Tuesday: ‘Greyhound is evaluating its current policy regarding face masks given the recent changes to the federal mandate.’  

Bus systems in major cities, including Washington DC, have already lifted mask restrictions.

However, some communities, including New York City, are keeping their restrictions in place due to local COVID requirements.

The MTA, which oversees the New York City subway and bus system, as well as Metro-North and Long Island Rail Road, issued a statement to NBC 4 saying mask mandates would still be enforced: ‘The mask requirement on public transit in NY remains in effect for now pursuant to a March 2, 2022 determination by the New York State Department of Health.’

Neighboring New Jersey dropped its mask mandate for the NJ Transit system on Tuesday, according to a tweet from Gov. Phil Murphy.

‘Masks will no longer be required on @NJTRANSIT & by South Jersey Transportation Authority. Individuals may wear a mask based on personal preference, informed by personal level of risk,’ he wrote.

It is unclear if the PATH train, which services both New York and New Jersey, will rescind its mandate. As of Tuesday, the platform’s social media accounts were still instructing travelers to ‘wear a face covering’. 

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.  

Calls are growing for New York to drop its draconian mask mandate after a Federal judge struck down the mandatory transport policy across the US. 

Children aged two to four are still being forced to wear the face coverings in pre-school because they are too young to be vaccinated, according to Mayor Eric Adams.

He had agreed to lift the mask rule on April 4, but canceled after cases began to increase again across the city. 

The age group is not eligible to receive a COVID vaccine and the World Health Organization has never recommended masking young children. 

To add to the city’s woes, the rail and bus systems will continue to enforce the harsh rules on Covid-weary passengers who have endured two years of restrictions.

Travelers on planes, trains and buses across the rest of the country will now able to breathe freely after the ruling, to the envy of New Yorkers.

US District Judge Kathryn Kimball Mizelle in Tampa, an appointee of former President Donald Trump, allowed operators to make their own decisions about mask requirements after declaring the CDC policy ‘unlawful’.  

‘The mask requirement on public transit in NY remains in effect for now pursuant to a March 2, 2022 determination by the New York State Department of Health,’ the Metropolitan Transportation Authority said in a statement Monday night.  

Washington D.C.’s Metro ruled that masks are now optional, adding to the confusion for passengers. 

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. 

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.

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.