February 16, 2022
Judge Instructs American & Southwest to Issue 30-Day Mask Exemption to 4-Year-Old Autistic Boy
Determination Marks the Biggest Win Yet for
the Disabled Fighting Transportation Mask Mandates
Feb. 16, 2022
By LUCAS WALL
BOSTON, Massachusetts – A federal judge today instructed American Airlines and Southwest Airlines to issue a 4-year-old Florida boy who suffers from Autism Spectrum Disorder a letter by 5 p.m. today exempting him from having to a wear a mask while traveling for the next 30 days until more in-depth court proceedings can be held. It’s the largest victory so far for a coalition of disabled Americans who have been battling the airlines in courts for more than eight months regarding their illegal mask policies.
U.S. District Judge Patti Saris scheduled an emergency hearing for this morning after the two carriers and the government refused to grant a mask exemption to Michael Seklecki Jr. of Sanford, Florida, who must travel to Boston regularly for specialized medical care at Boston Children’s Hospital and Massachusetts General Hospital. During the brief proceeding today, she directed Roy Goldberg, counsel for American and Southwest, to issue Seklecki’s father, Michael Sr., a mask-exemption letter valid for 30 days on both airlines.
The Sekleckis are booked to fly from Florida to New England Feb. 22 on American and return Feb. 23 on Southwest after Michael Jr.’s appointment at MGH. They must then fly again up to Boston on Feb. 27 because the boy has more appointments Feb. 28 to March 2 followed by surgery March 3 at BCH.
“I’m grateful to the judge for taking this discrimination case seriously,” Michael Sr. said. “Directing American and Southwest to issue my son a 30-day medical waiver until full briefing on my motions for preliminary injunction can be completed and a longer hearing held is a good start. The airlines should be ashamed of themselves that it took the intervention of a federal court to protect my son’s civil rights.”
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 Federal Transportation Mask Mandate 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.
Read more and download the complaint at www.lucas.travel.
CONTACT: Michael Seklecki Sr. at 321-666-4353 or SekleckiMichael52@gmail.com
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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 his complaint. “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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