4th Lawsuit Seeks to Strike Down
Federal Transportation Mask Mandate

Health Freedom Defense Fund & 2 Floridians Join the

Cause to Declare Requirement Illegal & Unconstitutional

July 19, 2021

By LUCAS WALL

TAMPA, Florida – An advocacy group for health freedom and two Florida residents filed suit here last week against President Joseph Biden, the Centers for Disease Control & Prevention, and others to vacate the Federal Transportation Mask Mandate. It’s at least the fourth lawsuit seeking judicial intervention to stop the forced muzzling of all passengers and transport workers nationwide.

Health Freedom Defense Fund, Ana Daza, and Sarah Pope challenge the validity of Biden’s Executive Order 13998 and the subsequent order issued by CDC requiring all transportation passengers and workers wear face masks (even those who are fully vaccinated and/or naturally immune against COVID-19). Their causes of action include those common to Wall v. CDC, another case in the U.S. District Court for the Middle District of Florida, alleging the FTMM: 1) exceeds CDC’s statutory and regulatory authority; 2) was ordered without notice and comment required by the Administrative Procedure Act; 3) is arbitrary and capricious; 4) constitutes an unlawful delegation and exercise of legislative power; and 5) violates the 10th Amendment. HFDF, Daza, and Pope pray for a declaratory judgment striking down the FTMM unlawful and/or unconstitutional. Wall filed July 8 a Motion for Summary Judgment.

“There are substantial reasons to doubt the efficacy of masks for controlling virus spread,” according to HFDF’s civil complaint. The Food & Drug Administration “has never been able to state whether the kinds of face masks being used by the general public provide any benefit for preventing the spread of a virus such as COVID-19. Yet, with the stroke of a pen, Defendants imposed their sweeping Executive Order and Mask Mandate on nearly every traveler in the country.”

HFDF is a nonprofit headquartered in Sandpoint, Idaho, that advocates for and educates the public on medical choice, bodily autonomy, and self-determination. The fund opposes laws and regulations that force individuals to submit to the administration of medical products, procedures, and devices against their will.

Daza resides in Pinellas County, Florida. She often flies to visit family and to attend to property in Colombia. Daza suffers from anxiety when wearing a mask, feels like she cannot breathe, and suffers from an overwhelming urge to remove the covering. She also gets headaches and suffers shortness of breath when obstructing her mouth and nose.

Pope lives in adjacent Hillsborough County. She regularly flies to Virginia to see her elderly mother and has difficulty tolerating a face mask. Pope had to forego joining her family on a trip to Hawaii because the thought of wearing a mask for such a long flight gave her anxiety, and she is concerned about having panic attacks if she attempts to do so.

The case is Health Freedom Defense Fund v. Biden, No. 8:21-cv-1693-KKM-AEP.

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