February 15, 2022
Judge Sets Emergency Hearing Wednesday
after American & Southwest Refuse
4-Year-Old Autistic Boy’s Mask Exemption
Florida Child Must Fly to Boston Next Week for Critical Medical Care
Feb. 15, 2022
By LUCAS WALL
BOSTON, Massachusetts – A federal judge today ordered American Airlines, Southwest Airlines, and the Centers for Disease Control & Prevention to appear at an emergency hearing at 9:30 a.m. Wednesday after the two carriers and the government refused to grant a mask exemption to a 4-year-old Florida boy who suffers from Autism Spectrum Disorder and must fly Feb. 22 to Boston for important specialized medical treatment.
U.S. District Judge Patti Saris held an initial hearing Feb. 11 regarding the lawsuit filed by Michael Seklecki Sr. on behalf of himself and his son, Michael Jr., demanding they both be granted mask exemptions and that CDC’s Federal Transportation Mask Mandate be struck down as illegal and unconstitutional. Saris ordered lawyers for American and Southwest to resolve Michael Jr.’s exemption outside of court and report back by today. However, the two airlines still refuse to approve the boy’s medical waiver.
Saris then scheduled the emergency hearing Wednesday morning at the U.S. District Court for the District of Massachusetts in Boston. It will be held online. Media and observers may register here to attend.
The Sekleckis are booked to fly American Airlines from Florida to New England on Feb. 22, attend Michael Jr.’s appointment at Massachusetts General Hospital the morning of Feb. 23, and return that evening to their home in Sanford, Florida.
“It’s outrageous that I have to return to court for another hearing to ensure American, Southwest, and the federal government comply with the law clearly stating that disabled children are exempt from having to wear a mask aboard an airplane,” Michael Sr. said. “I hope Judge Saris will do the right thing and enjoin the airlines and CDC from mandating masks for little kids who can’t tolerate them. Forced masking has to end now.”
Michael Sr. filed the lawsuit Jan. 28 and moved for injunctions against the government Feb. 3 and the two airlines Feb. 8. He demands $400,000 in damages from American and Southwest for unlawful discrimination and an end to the FTMM and airlines’ mask policies. He seeks additional compensation from all American and Southwest workers who participated in the conspiracy to deprive disabled passengers of their civil rights.
“Media reports abound of disabled children being removed from planes because they can’t wear masks,” Michael Sr. said. “It’s hard enough for parents traveling with young children, especially kids such as my son who have special needs. The mask mandate – and airlines’ refusal to grant medical exemptions – has made it a complete nightmare. The court must stop this insanity.”
The Sekleckis have been denied medical exemptions by the two airlines being sued. They have also have been banned by Frontier Airlines and harassed by Spirit Airlines because Michael Jr. can’t wear a mask. Delta Air Lines is the only carrier that has accommodated Michael Jr.’s disability with a mask waiver, but it refuses to give Michael Sr. an exception. Delta, Frontier, and Spirit are not named in the lawsuit due to settlement talks outside of court regarding the Sekleckis’ discrimination complaints, but Michael Sr. said they might be added to the case later.
“Being denied the right to fly because we can’t wear masks jeopardizes my son’s life as it’s not practical for us to make the lengthy drive to and from Boston every time he has a medical appointment,” Michael Sr. wrote in his 124-page complaint. “Should CDC and the airlines be allowed to continue to mandate masks, my son could miss critical medical care, which could be fatal. My family and I would suffer enormous irreparable harm.”
The Sekleckis’ case is the 11th brought to federal courts by members of Americans Against Mask Mandates, a coalition of travelers with medical conditions fighting against the FTMM and airlines’ mask rules.
“My family and I have been restricted from flying by the Airline Defendants for more than 1½ years be-cause of their enforcement of mask mandates that violate numerous provisions of federal and inter-national laws, plus breach their contracts, and violate tort law and the Constitution,” Michael Sr. wrote. “In mandating masks for all passengers, the Airline Defendants violate the Rehabilitation Act, Air Carrier Access Act, international law, and their contracts with passengers – especially when it comes to illegally discriminating against travelers with disabilities who can’t medically tolerate wearing a face covering with first a complete ban and then arduous exemption requirements that aren’t supported by law.”
The case is Seklecki v. Centers for Disease Control & Prevention, No. 1:22-cv-10155.
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Masking any child is CHILD ABUSE. Fight evil at every turn now, or it will get worse, way worse. !