CDC Transportation Mask Mandate

Writes David Madeloni:

Good morning, Lew.

It would be great if you could run a story about how not a single governor, state attorney general, school district, or transportation provider has attempted to challenge CDC’s transportation mask order in court yet.

There are 4 reasons why someone in power needs to act:

1. CDC’s mask mandate exceeds its statutory authority under Section 361 of the Public Health Service Act, the same way its cruise ship restrictions (which were struck down after Florida sued) and its eviction moratorium (which was struck down by the Supreme Court) both did.

2. CDC’s mask mandate seriously violates the 10th amendment by claiming jurisdiction over entirely intrastate surface transportation, like rideshares, taxis, trains, subways, private buses, public buses, and even school buses.

3. CDC’s mask mandate threatens criminal penalties of a $100,000 fine and/or 1 year in jail for violations by individuals, and a $250,000 fine for violations by organizations (see 42 CFR 70.18).

4. Other countries – like the UK or at least England – have lifted mask mandates for public transportation. This means that England is currently less restricted than even Florida, Texas, and South Dakota.

I kindly ask you to shine a light on this and help end forced masking of travelers and students around the US.

Thanks.

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