Airlines

Florida Flyer Plots Lawsuit Against CDC to End Face Mask Mandate

Florida Flyer Plots Lawsuit Against CDC to End Face Mask Mandate
Joe Cortez

A D.C.-based flyer attempting to travel by air within Florida has announced his intention to file a lawsuit against the U.S. Centers for Disease Control to end the national transportation face mask mandate. Lucas Wall is asking a Florida court to knock down the face covering requirement, claiming it should not apply to fully vaccinated travelers.

A vaccinated flyer claims that the U.S. Centers for Disease Control rule on face masks shouldn’t apply to him and intends to sue the government to end the rule entirely. Washington, D.C. ABC affiliate WJLA reports Lucas Wall is suing the CDC, claiming the face covering rule is unconstitutional.

Lawsuit Stems Over Denied Access to Airport Secure Zone

According to Wall, his claim started when he was denied access to the secure zone of Orlando International Airport (MCO). Wall allegedly refused to wear a covering, instead claiming he was fully vaccinated. He also claimed that he was unable to wear a face mask because of “anxiety” and “breathing difficulties.”

Wall was attempting to fly between Orlando and Ft. Lauderdale aboard Southwest Airlines. Transportation Security Administration agents reportedly stopped him from entering the secure zone, citing both the CDC rule and TSA policy. As a result, the flyer says he will take the agency to court over what he calls an “unconstitutional act.”

“I want the entire federal transportation mask mandate struck down,” Wall told WJLA-TV. “I’m going to be seeking an emergency order from the court in Orlando to do that. One of my arguments will be under the Tenth Amendment of the Constitution, the President, the CDC, the TSA, they have no authority to regulate public health matters solely within a state.”

A copy of the lawsuit was provided to the blog View From the Wing. An exhaustive search of court records for the Middle District of Florida did not yield any active lawsuits in Wall’s name against the CDC, Orlando International Airport, Southwest Airlines, or other parties named in the copy of the filing. The CDC or other parties named have not responded to the proposed action.

Face Coverings Remains Most Contentious Point Among Flyers

Regardless of how flyers feel about the face mask rule, all agencies involved in aviation regulations say face coverings are here to stay for the immediate future. The Federal Aviation Administration notes that of all the complaints they have received about poorly-behaved flyers, the majority of the complaints revolve around face covering violations.

View Comments (29)

29 Comments

  1. Spanish

    Spanish

    June 8, 2021 at 5:29 am

    It’s time to get rid of that in the USA domestic flight sphere. By now, if you really wanted your shots, you got them. It’s time to make people lay in whatever beds they’ve made.

    I’ve been fully inoculated since January and my closest friends and family have since March. As far as we’re concerned, the pandemic is over in USA.

    I should not have to change my habits due to those “hesitant” of taking a vaccination supported by science.

  2. disalex

    June 8, 2021 at 10:09 am

    This is one guy spewing nonsense, why is it even a story?

  3. DEN

    June 8, 2021 at 10:16 am

    With all the airborne air quality hype and sanitizing procedures it makes me wonder just how honest they have been with us since there has been so much reluctance to easy mask requirements.

  4. mc4bbs

    mc4bbs

    June 8, 2021 at 10:19 am

    While I am not a huge fan of masks myself, they have been proven to work at preventing the spread of COVID-19.

    That being said, vaccinated or not, masks should remain to be REQUIRED, unless we go with the ALL PERSONS ENTERING THE SECURE ZONE or BOARDING A PLANE must be FULLY IMMUNIZED greater than two weeks prior to travel.

    Of course, this will make the anti-vaxxers all upset, to which I say: DEAL WITH IT.

    Many countries which are opening up are REQUIRING that visitors are fully vaccinated. Not even the U.S. Supreme Court has ANY jurisdiction over OTHER COUNTRIES.

    So, DENY SCIENCE and you’ll be DENIED TRAVEL. Full stop.

  5. blackhawk1968

    June 8, 2021 at 10:21 am

    CDC should follow the results of their own study:
    “Masks Do Not Work” – Main conclusion of 2020 CDC review of all “gold standard” studies that examined the effects on the transmission of the flu in non-healthcare settings.
    Centers for Disease Control and Prevention (CDC) EMERGING INFECTIOUS DISEASES Volume 26, Number 5 – May 2020.
    Nonpharmaceutical Measures For Pandemic Influenza in Nonhealthcare Settings – Personal Protective and Environmental Measures…

  6. StPeteBob

    June 8, 2021 at 10:21 am

    It takes just 3 hours to drive from Orlando to Fort Lauderdale. Secondly the air above Florida is regulated by the Federal Government. The guy is better off powering a hot air balloon.

  7. schneidepc

    June 8, 2021 at 10:22 am

    This is silly. Just wear the mask for heavens sake.

  8. emcampbe

    June 8, 2021 at 10:36 am

    I’m no lawyer, but sounds like this should get thrown out of court. This is all related to air transportation, which is under federal, and not state, jurisdiction, even for travel within a state. Assuming the judge drawn is not an activist judge, should easily be argued by the defendants and be thrown out (not to mention, the federal mask mandate ends in mid-September, and the original case may not be heard by then, much less any of the multiple appeals that will likely drag this out two+ years, in which case this will likely be irrelevant.

  9. DFW_Airwolf

    DFW_Airwolf

    June 8, 2021 at 10:52 am

    BIG Problem with this lawsuit and the many others that have been screamed about. By the time you can get inside a Courtroom to argue the Pro’s, Con’s and Merits of your case. This STUPID Rule will have gone away and the court will quickly rule your Lawsuit is Moot because what you are suing over NO LONGER EXISTS.

    Wish there was a way for a lawsuit like this to go forward to help establish CASE LAW RULINGS for future lawsuits yet to come over what we dont know yet.

  10. nd2010

    June 8, 2021 at 10:52 am

    I have been pro-mask pro-lockdowns and now pro-vaccine to the point that I threatened to break up with my girlfriend if she didn’t get vaccinated.
    It’s time for the federal mask mandate to end for vaccinated people. Daily new cases are dropping every day and will get below 10000 this month. The vaccine is doing its job. Let the airlines decide to have masked and mask free flights and let the market decide. The federal mask mandate came too late, it was needed last March. The only reason it happened was because Trump lost the election. The airlines and TSA already required masks even without the federal mask mandate.

    Trust the vaccine! But make sure that only vaccinated people don’t wear a mask. TSA should verify proof of vaccination. Then stamp a code on people’s hands or boarding passes that changes daily. Perhaps offer testing and vaccination at the airports, then exempt the passengers who test negative and get vaccinated from wearing a mask.

    It serves no purpose to require healthy, vaccinated people to wear a mask.

  11. MRM

    June 8, 2021 at 10:57 am

    I mean, most people just sue the government when there’s a rule or law they don’t like – right? I guess people can waste their money however they see fit – I just have zero interest in paying their REAL bills when those come due because they wasted the rest of their $$$.

    I still smile at the stupidity of people pointing out “constitutionality” of laws when they probably can’t even spell Constitution. By the time the case even gets a hearing, this won’t be an issue – IF it even makes it to a courtroom for a hearing in the first place.

  12. vargha

    June 8, 2021 at 11:28 am

    It’s a plot, you say? Sounds nefarious.

  13. readytogoagain

    June 8, 2021 at 11:38 am

    Oh No surprise, a Southwest customer. If he got through security he certainly would have acted up at the gate or on the aircraft.

  14. Global321

    June 8, 2021 at 12:16 pm

    He should win. If we follow the science, vaccinated travelers are not a threat.

    And the CDC says no masks indoors at a sporting event…hours of close contact with strangers. How is an airport or airplane different?

  15. Cotumely

    June 8, 2021 at 1:02 pm

    There’’s always one.

  16. JG_Aus

    June 8, 2021 at 3:11 pm

    Until his suit fails hopefully he will decide not to fly and won’t be causing trouble for the rest of us who just want to travel safely and without drama.

  17. CO FF

    June 8, 2021 at 5:07 pm

    Of course, if we had a reliable, national proof of vaccination, it would be easier to implement his demand…but the same people who object to basic public health actions object to verifiable vaccination verification too.

  18. NonnaGoes

    June 8, 2021 at 8:47 pm

    I would bet a large amount of money that that precious little snowflake isn’t vaccinated.

    And, honestly, not only have I not caught COVID 19 since I began wearing masks, I didn’t catch even a cold, all winter.

    So even though I AM fully vaccinated, I’ll be wearing a mask in the airport and most of the time on the plane to and from Italy in August.

    I can go, because I’m vaccinated. And there’s a small boy there who misses his Nonna. But I know enough to realize that if masks can help prevent this airborne virus, they can help prevent others.

    From experience, I know how easy it is to catch things on long flights. Mask, it is.

  19. Jazzmania

    Jazzmania

    June 9, 2021 at 7:02 am

    I can’t believe how easily folks give up their freedoms. This whole covid nonsense has been a statistically manipulated fear campaign. Masks DO NOT stop a virus – it says so right on the Equate box. Fauxi’s emails prove it. If you are sick they might help prevent getting others sick.

    The virus is real. The over reaction to it is fake. Just like taking your shoes off doesn’t stop a hijacking, wearing a mask doesn’t stop a virus!

    The ‘vaccination’ is an experimental drug program. Moderna, Pfizer, J&J websites say so. IF it was a true vaccine they would say it. They don’t because legally they can’t. The media propaganda told you it was a ‘vaccine’ and you bought it hook line and sinker!

    Federal law provides that at least until a vaccine is fully approved by the FDA, individuals must have the option to accept or decline the experimental drug. They granted authorization of emergency use only. Never mind that ALL the animals died.

    The FDA includes the Nuremberg Code and the Helsinki Declaration on its website, emphasizing the fact that people cannot be forced to take experimental drugs without their full consent. Learn more at LC.org/Vaccine.

    There is a cure. HCQ, Zpac and azithromycin taken EARLY work. Media propaganda again told you otherwise. Why? Big Pharma can’t make a profit on a $2 solution!

    Covid is a bioweapon paid for through Fauxi and it was released in Wuhan months before China admitted it. Start there and figure it out.

  20. Professorobvious

    June 9, 2021 at 8:38 am

    I havnt flown this year bc of this reason. Ive never worn a mask and never would wear one. They are a religious symbol of the left at this point. I would sue based on accessibilty laws but this guy has a better claim. And there is ZERO evidence mask wearing does anything to stop or even significant slow the spread.

  21. AttilatheFun

    June 9, 2021 at 9:36 am

    @blackhawk1968 That study is about influenza, not coronavirus. You realize those are 2 different things, right? It’s almost like you’re willfully ignorant and comparing two unrelated things, hmmm.

  22. AJNEDC

    June 9, 2021 at 12:42 pm

    Isn’t he free to drive, bicycle or get a horse and buggy even? I don’t understand…

  23. RoadWarriorChi

    RoadWarriorChi

    June 9, 2021 at 1:25 pm

    Science shows that the air filters on commercial jets filter out the majority of problems – so the masks should be voluntary. The real issue on planes spreading germs is how poorly they were cleaned between flights prior to covid – literally finding feces on all parts of the plane – seats, food trays, window shades, etc.

    AND if anyone flew American during the pandemic, totally packed planes, you know that wearing a crappy 50 cent mask from Walgreen’s isn’t going to do it.

    It’s all theater – continue to sanitize the interiors thoroughly between flights and let the filters do their jobs and let’s get on with it.

  24. PaulMSN

    June 10, 2021 at 5:23 am

    blackhawk1968 should have actually read the study he referenced. It’s about flu, not COVID-19, it’s only an analysis of previous literature from the last century, it’s just a published article in a database that does not in any way review the articles for validity and it’s not in any way a CDC review.

    Why do these people keep posting the same nonsense that they didn’t even read or understand?

  25. DeltaFlyer123

    June 10, 2021 at 6:44 am

    I think at this point wearing masks won’t make any difference and airlines and other businesses should abandon that practice. Vaccinated people are relatively safe and don’t need others to wear masks to stop the spread of the virus. Let those who refuse to get vaccinated get sick and possibly die, it’s their choice. For those who can’t get vaccinated for medical reasons, maybe it’s best for them not to mingle much in crowded settings, or move to a country where people are more compassionate about their neighbors’ well-being.

  26. redreeper

    redreeper

    June 12, 2021 at 11:36 am

    I’m cool with the masks until everyone is safe. Even the stupid. Sure they annoy me and they are juvenile, entitled, ambulatory petri dishes free-spraying their pox around like Gallagher at a watermelon stand but the burden of community safety does fall upon the moral. So I wear a mask, and I really don’t care what the science deniers think about it. If they want to work really, really hard at getting Covid I can’t stop them, but it won’t be coming from me.

  27. cmd320

    June 14, 2021 at 11:42 am

    At this point anyone who wants a vaccine has gotten one and anyone who doesn’t has accepted the risk of being unvaccinated. Time for the mask requirement to end as it has throughout every other facet of society.

  28. ezefllying

    June 14, 2021 at 7:34 pm

    JazzMania, bless your heart.

  29. lyst

    June 15, 2021 at 9:04 pm

    Totally agree with JazzMania – well said!!

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