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The end of the travel mask mandate -- but is it permanent?

On Tuesday, WRAL News surveyed travelers at RDU Airport to find out how passengers feel about the new masking policy.
Posted 2022-04-19T19:50:44+00:00 - Updated 2022-04-19T21:44:30+00:00
NCCU law professor explains overturned mask mandate

A Florida judge ruled to overthrow the travel mask mandate on Monday, saying the mandate was unlawful because it exceeded the statutory authority of the CDC.

Many people cheered, but many others are nervous of the sudden switch. Regardless of where travelers stand on the issue, the ruling has prompted some confusion and accusations about the politics of masks.

To make sense of the legality of the new ruling, Professor April Dawson with the NCCU School of Law provided some expert insight.

What does this ruling mean for the power of the CDC moving forward in the pandemic?

"For the moment it severely limits the CDCs power and ability to respond to this current public health crisis and potentially future crisis," she said.

However, the CDC's power could be restored – temporarily or permanently – if the Departments of Justice decides to appeal the ruling.

On appeal, the 11th Circuit could completely overrule the judge's ruling.

"Another path to restore the CDC to its full power is if Congress amended the statute at issue," says Dawson. "Congress can make clear that Congress is authorizing the CDC to issue a mask mandate."

Essentially, things could change again.

Why now? Mandates have been challenged for years in courtrooms. Why was this one different?

Even though the new ruling seems sudden, the case was filed almost a year ago.

According to Dawson, one of the major differences was that in the majority of other cases, the plaintiffs were seeking emergency relief, so they were asking the court to rule quickly -- and each court upheld the mandate each time.

"This particular case was decided on the full merits of the case," said Dawson. And out of many other potential judges who may have ruled differently, she says, "This was a particular judge who happened to read the statute at issue in an incredibly narrow way, such that to reach the conclusion that the CDC exceeded its authority."

Not every airline will abide by the same rules. What rules do passengers still need to abide by?

"This is tricky," says Dawson, "And it's leading to a lot of confusion."

This case really focused on the CDCs rule, but didn't speak to whether states or local governments can issue their own mandates. It also didn't speak to the ability of airlines to institute their own mandates.

"My best advice is if you're told by the airline that you need to continue to wear the mask, to do so," she says.

She says there will be more lawsuits.

To mask or not to mask: RDU travelers weigh in on newly-lifted mandate

With the travel mask mandate now lifted, how many travelers are eager to leave their masks at home – and how many are nervous about the lack of masks?

On Tuesday, WRAL's Keenan Willard surveyed travelers at RDU Airport to find out how passengers feel about the new policy.

Some travelers were eager to toss their masks away, but others told WRAL News they'll need time to adjust.

Of passengers arriving at RDU, there was a pretty solid mixture of both types of travelers: Those wearing face coverings and those going without.

At noon, WRAL News counted 100 people coming in the doors of Terminal 2.

  • 42 masked
  • 58 unmasked

An hour later, WRAL News did the same thing at security, where signs still said masks were required.

This time the split was bigger: By the time they got to TSA, unmasked travelers outnumbered those with masks nearly 2 to 1.

"I'm glad," said Cheri Haight. "It's very difficult to wear a mask on an airplane for that amount of time."

She says she feels safe without a face covering while traveling, and she’s been waiting for this moment.

"More normal. I’m just so glad that it’s coming to an end," she said.

Haight found out the travel mask mandate had been lifted last night. Others didn’t find out about the change until WRAL News asked them about it.​

Corinne Houck had no idea masks were no longer required. She said Delta's website still listed masks as a requirement when she booked her flight.

Taking to the sky without a mask is going to be a big change, she says.

"I mean, I’m sure I’d get used to it eventually," she said. "But right now it just feels kind of weird."

Airports aren’t the only places where masks are optional. Buses and trains also no longer require masks to ride.

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