Federal Court strikes down public transportation mask mandate

Attorney General Alan Wilson announced today that a federal district court in Florida has vacated the mask mandate in place on airplanes and other modes of public transportation. South Carolina has a suit pending in Florida over the mask mandate but was not involved in this specific case. However, like this suit, Attorney General Wilson argued that the CDC exceeded its authority and did not go through the Administrative Procedures Act, or APA, as required to implement the proposed mask mandate.

The Court declared the mask mandate unlawful. U.S.District Judge Kathryn Kimball Mizelle wrote, “The Court concludes that the Mask Mandate exceeds the CDC’s statutory authority and violates the procedures required for agency rulemaking under the APA. Accordingly, the Court vacates the Mandate and remands it to the CDC.”

Attorney General Wilson said this is a victory for the rule of law. “Passengers have liberty rights too, and that liberty should be recognized and protected,” he said.

You can read the U.S. Federal Court’s ruling here.