Tampa, Florida – A Florida federal judge has voided the national mask mandate covering airplanes and other public transportation as exceeding the authority of U.S. health officials.
U.S. District Judge Kathryn Kimball Mizelle in Tampa was the advised in her ruling “It is indisputable that the public has a strong interest in combating the spread of COVID-19. In pursuit of that end, the CDC issued the Mask Mandate. But the Mandate exceeded the CDC’s statutory authority,
improperly invoked the good cause exception to notice and comment rulemaking, and failed to adequately explain its decisions. Because “our system does not permit agencies to act unlawfully even in pursuit of desirable ends,” id., the Court declares unlawful and vacates the Mask Mandate.
Accordingly, the following is ORDERED:
1. Plaintiffs’ Motion for Summary Judgment (Doc. 48) is GRANTED on Counts I, Il, and IlI. Defendants’ Motion for Summary Judgment (Doc. 45)
2. The Court DECLARES UNLAWFUL and VACATES the Mask Mandate, remanding it to the CDC for further proceedings consistent with this order.”
The complete ruling is here: