Originally Posted by
ahmetdouas
The issue here is there is no Federal Mandate saying "no mask, no fly".
There doesn't need to be. While airlines are considered common carriers, they are as private entities given a wide latitude to whom they wish to do business. There are explicit protections around discrimination (including medical disability discrimination) but an airline has a right to refuse a customer for any reason they choose that is not explicitly protected by law. For example, violating rules set out by the airline for ticket booking and/or loyalty programs. Delta has created a rule around wearing a mask that they seek to enforce. In order to not be discriminatory, they are providing a mechanism for those who may not be able to wear a mask to be exempt from this policy.
The CDC gives many exemptions to mask wearing, for some very minor medical ailments as well. So it is not surprising for people to feel a bit discriminated against if they are told, "no mask, no fly", or "you are sick, don't fly because you don't feel comfortable wearing a mask".
The CDC does not provide guidance with regulatory impact to airlines, so what the CDC says isn't that relevant. That said, it is a good source of vetted scientific consensus with actionable recommendations. And your statement of "many exemptions" is just misinformation. The CDC does not give "many exemptions" - certainly not that are relevant to air travel.
CDC guidance is here. The carveouts are basically "mental disability" (I highlighted this already) and young children. That's it. They highlight challenges of deaf individuals that rely on lipreading but there are workarounds that don't require not wearing a mask. The other exclusions are not airplane-relevant, such as activities around water, heavy machinery that could get caught on the mask, and very high-intensity exercise. That's it.
There are many asthmatics who fly with inhalers with them, and they have never been told oh you need an inhaler, are you safe to fly? Masks can make things much worse for them, so all of a sudden they cannot fly? That can't be right.
Asthmatics that are fit to fly are not practically impacted by masks. An active high-intensity asthma attack would be a reason to remove the mask. A mask will not independently trigger an asthma attack (if anything, while a cloth mask may not do much, high-grade masks are actually known to reduce acute asthma attacks because they block triggers - in fact, it is recommended for many type of asthma that respirators should be worn when doing some higher-risk activities like cleaning that may trigger a reaction). If an individual with asthma is not able to breath normally with a cloth mask covering, this is a sign that the asthma is not under control and should consult a doctor before flying (which, hey, Delta is offering here - sounds like a win-win, especially since it appears Delta is paying for it).
In the US, the Federal Government controls many things aviation related in a strong and clear way, so not getting involved in masks make it a complete free for all, and we have yet to see someone kicked off the plane for saying they are asthmatic and not wanting to wear a mask. If that happens, I cannot see the airline winning the case. The only case I saw in the US with the refusal to wear a mask leading to the person getting kicked off the plane was some idiot who didn't give any reason to not wear one.
Assuming that the procedures Delta are following are legal, they would be laughed out of court because asthma is not a contraindicated to wearing a mask (and indeed is often RECOMMENDED for many types of asthma in some activities)
Let's see what the other US airlines do, but personally if Delta goes that way and they are the only one, I would actively avoid them.
You are welcome to do this. It's a silly position, but I support and applaud your right to boycott Delta for a policy you don't like. Unfortunately for you, the silent majority here does appreciate it (as evidenced by virtually every poll, especially among high income-high education people that make up most of Delta's high revenue flyers) so you are likely not going to drive the impact you are seeking.