FL Sues Biden Administration Over Transportation Mask Mandate

FLORIDA — Florida is leading 20 other states by taking legal against President Joe Biden’s unlawful mask mandate on public transportation.

State Attorney General Ashley Moody argues that the mask mandate exceeds the authority of Biden’s Centers for Disease Control and Prevention.

“President Biden’s shortsighted, heavy-handed and unlawful travel policies are frustrating travelers and causing chaos on public transportation," Moody said in a news release. "It’s long past time to alleviate some of the pressure on travelers and those working in the travel industry by immediately ending Biden’s unlawful public transportation mandates."

Moody and Gov. Ron DeSantis contend that the mandate also interferes with state law, including in Florida, which bans forced masking.

"Florida has led the nation in standing up to misguided federal government policies and fighting back against heavy-handed mandates that have no scientific backing," DeSantis said. "If politicians and celebrities can attend the Super Bowl unmasked, every U.S. citizen should have the right to fly unmasked. It is well past time to get rid of this unnecessary mandate and get back to normal life."

In a complaint for declaratory and injunctive relief, Moody and the joining states argue that the CDC’s unlawful mask mandate exceeds the agency’s authority in several ways.

According to Moody, the statute that is used to justify the mandate does not authorize economy-wide measures. She also said the statute only authorizes rules directly related to preventing the interstate spread of disease — it does not permit mask requirements for people who show no sign of infection.

The complaint also contends that the CDC rule is arbitrary and capricious, requiring notice and comment that was not given before being implemented and did not consider actions that states had already taken to control the spread of COVID-19. The mandate also requires state-run conveyances and transportation hubs to affirmatively enforce the rule, in violation of the anti-commandeering doctrine.

The complaint is seeking the eradication of the mask mandate and a permanent injunction against enforcement.

Moody is joined in the complaint by the attorneys general from Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, Virginia and West Virginia.

Moody filed the action in the U.S. District Court for the Middle District of Florida.

To read the full complaint, click here.