Travel Mask Mandate Struck Down: What It Means In Arizona

ARIZONA — Masking to help prevent the spread of COVID-19 on planes, trains and buses is no longer required after a judge struck down the federal travel mask mandate on Monday.

Florida federal Judge Kathryn Kimball Mizelle said her decision that nixed the travel mask mandate that the Centers for Disease Control and Prevention both overstepped its legal authority and didn't go through the correct channels to establish the rule in the first place.

The CDC then announced late Monday that its order for masking on public transportation “is no longer in effect” and would no longer be enforced. But the CDC added that it still strongly recommends masking on public transportation.

Overnight, the scene at Sky Harbor Airport and others across the country changed dramatically. Effective Tuesday, the Transportation Security Administration was no longer requiring masks on planes or in the nation’s airports. One by one, most of the nation’s major airlines dropped mask requirements, making the face coverings optional for employees and passengers.

"In accordance with the TSA no longer enforcing the Federal mask mandate, face masks will no longer be required for employees and customers at Phoenix Sky Harbor International Airport," Sky Harbor tweeted on Monday. "The CDC continues to recommend masks in indoor public transportation settings."

Southwest Airlines, for which Phoenix is a hub, was one of many airlines that announced Monday it was dropping its own masking requirements.

"Effective immediately, masks are no longer required onboard Southwest Airlines or in most airports but certain cities, states, and countries may still require masks," Southwest said in a news release. "We encourage individuals to make the best decision to support their personal wellbeing and to check local airport mask policies when traveling."

The TSA said in its statement that the CDC continues to recommend face coverings to protect against the coronavirus. Amtrak issued a stronger statement, saying that although they are no longer required of passengers and employees, “masks are welcome and remain an important preventive measure against COVID-19.”

The Florida decision also affects ride-hailing companies. Uber no longer requires masks as of Tuesday and Lyft soon followed suit, saying masks are now optional for riders and drivers.

Still, some state and local transit agencies could keep their mask requirements. Last week, the CDC had extended the now-suspended mask rule to study the worrisome BA.2. subvariant of the coronavirus, which is responsible for most of the COVID-19 cases around the country.

Valley Metro, the public transportation agency that serves the Phoenix area, announced Tuesday that it would no longer require its riders to mask and Sun Tran, the public transportation service for the Tucson area, has also made masking optional.

Philadelphia extended its mask mandate, the first city to do so in response, and on Monday, a group of local residents and businesses filed a lawsuit to throw out the mask mandate.

The Metropolitan Transportation Authority in New York City said Monday it would keep its mask mandate in place on the bus, subway and rail systems it oversees, The New York Times reported.

The case before Mizelle, appointed to the federal bench by now-former President Donald Trump in November 2020 after he lost the presidential election, was filed in July 2021 by two plaintiffs and the Health Freedom Defense Fund.

“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.

It’s unclear if the Biden administration will appeal the decision. White House Press Secretary Jen Psaki told reporters Monday that Mizelle’s decision was “disappointing,” and the administration’s response is still under review and the “Department of Justice would make any determination about litigation.”