August 31, 2021
Why Hasn’t Ron DeSantis Challenged
the Federal Transportation Mask Mandate?
D.C. Man Stuck in Florida Litigating to Overturn
CDC Mask Order Asks Governor to Join Lawsuit
Aug. 31, 2021
By LUCAS WALL
THE VILLAGES, Florida – A frequent traveler banned from flying because he medically can’t wear a face covering – and who has been stuck here at his mother’s for three months while he litigates the case in federal court in Orlando – asked Florida Gov. Ron DeSantis today why he isn’t challenging the Federal Transportation Mask Mandate. The federal order commandeers state transit officials and police officers to enforce masks on public buses, school buses, trains, rideshare cars, and other modes in violation of DeSantis’ executive order prohibiting mask mandates.
DeSantis is scheduled to appear Wednesday with First Lady Casey DeSantis for a town hall at the Brownwood Hotel & Spa here in The Villages, where Lucas Wall, 44, of Washington, D.C., has been stranded because of the FTMM. Wall submitted a question this morning to DeSantis for tomorrow’s event to inquire why the Florida governor – who has banned state and local governments as well as school districts from imposing mandatory maskwearing – has never challenged President Joseph Biden on his requirement that all travelers cover their face while using any form of public transportation.
“Gov. DeSantis, the nation’s first lawsuit challenging the Federal Transportation Mask Mandate is right here in Florida, at the federal court in Orlando. The plaintiff, Lucas Wall, is the son of a Villager who is stuck here at his mom’s because he can’t medically wear a mask and has been banned from flying. He’s reached out to your office and the attorney general’s office numerous times about filing a brief to protect Florida’s 10th Amendment rights from federal commandeering, but nobody has acted. Why won’t you file a friend-of-the-court brief or intervene in the case given how strongly you have spoken out against mask mandates in all other areas?” Wall asked.
The frequent flyer, who has visited all 50 states and 133 foreign nations, wants DeSantis to explain why he’s been such a forceful advocate for the ability of Floridians to decide whether or not to obstruct their breathing but refuses to speak out against the federal government commandeering Florida transportation workers and police officers to enforce the federal mask mandate. Wall has argued in court papers June 7, July 8, and Aug. 18 that the FTMM (ordered by Biden and implemented by CDC and TSA) violates states’ rights under the 10th Amendment.
“It’s perplexing why Gov. DeSantis has not joined my lawsuit (Wall v. CDC) on behalf of the people of Florida to stop this illegal and unconstitutional federal mask mandate that violates states’ rights protected by the 10th Amendment,” Wall said. “TSA announced two weeks ago it will extend the mask requirement until at least Jan. 18, but the governor hasn’t raised a single objection to this outrage. I want to hear DeSantis address this issue at tomorrow’s town hall. All freedom-loving Floridians should demand the governor fight against this federal overreach.”
Wall v. CDC Information:
Wall filed the lawsuit June 7 after Southwest Airlines and the Transportation Security Administration denied him boarding of his June 2 flight from Orlando to Fort Lauderdale. He filed for summary judgment July 8 seeking a permanent injunction barring the federal government from enforcing the FTMM and the International Traveler Testing Requirement.
The U.S. Department of Justice filed Aug. 9 an 88-page brief arguing the FTMM and ITTR should be upheld because Congress authorized CDC to adopt regulations that are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into United States or from one state to another. The U.S. Supreme Court and five lower federal courts have rejected that argument in other pandemic cases.
Wall responded with a 47-page opposition brief Aug. 18. He asserts the government’s arguments trying to save the mask mandate and testing requirement issued by CDC and enforced by TSA are feeble given the huge number of constitutional provisions, federal laws, and regulations these rules ignore.
Lawyers for DOJ have until Sept. 17 to file their final brief, after which a federal magistrate judge is expected to hear oral arguments. A decision is expected in October.
The case is No. 6:21-cv-975 before the U.S. District Court for the Middle District of Florida in Orlando.
Donate to my legal fund on GoFundMe: Help End Federal Transportation Mask Mandate
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Read: 114 scientific studies and medical articles showing how masks are totally ineffective in reducing the transmission of COVID-19 and other respiratory viruses but cause harms to human health
Did DeSantis give an answer?
I do think contacting the state attorney general might be more useful…
He did not give an answer so far as I know. I have contacted the Florida Attorney General’s Office numerous times. They’ve said they are not interested in the case, which shocks me.
Maybe the reason the state has been so quiet about this is because the Greater Orlando Aviation Authority is one of the defendants in the case?
That’s possible. The LYNX bus system in Orlando is also a defendant. But you’d think DeSantis would order those state authorities to stop mandating masks, as he has done for school districts and local governments.
After doing some research, it turns out that LYNX might be more of the cause for why the state has been so quiet.
LYNX (legally Central Florida Regional Transportation Authority) was created by a state statute – FS 343.63.
GOAA, on the other hand, was created by an Orlando municipal ordinance – Orlando Code of Ordinances, Chapter 16, section 3.
What the?! That’s crazy… maybe try mentioning that the mandate claims jurisdiction over school buses? I know DeSantis has been working hard to stop forced masking of students…
You’re right. Most people don’t know the Federal Transportation Mask Mandate applies to school buses. It’s child abuse to muzzle students.
That being said, some districts are simply ignoring the CDC order with no consequences.
Unlike the CDC order, the TSA security directives (the FTMM’s actual enforcement mechanisms) don’t apply to school buses, as confirmed in an official FAQ. (The lack of enforceability of the CDC order itself does not change that order’s legality issues.)
That being said, in my opinion the districts shouldn’t just passively ignore the mandate – they should be joining your lawsuit.
An update:
I emailed several state AG’s about this a while back and Eric Schmitt of Missouri finally got back to me.
Here’s the relevant part of his response:
“Mask mandates are a classic form of governmental overreach. My office will not stand by while Missourians rights and freedoms are being violated. That is why my office filed suit in Boone County against schools with mask mandates to put a stop to this trampling of liberties. Our office will continue to look for ways we can act to protect Missourians, including determining if legal action by our office on this bus mask requirements would be necessary.”
Some new news…
I think that one of the reasons that Florida hasn’t tried to challenge the federal transportation mask mandate was because the (as of yesterday, former!) state surgeon general was pro-mask.
https://www.salon.com/2021/09/17/florida-doesnt-want-its-own-surgeon-general-to-testify-in-mask_partner/
Today, it was announced who the new surgeon general will be – and it turns out to be someone who’s completely opposed to the biosecurity state.
https://www.clickorlando.com/news/local/2021/09/21/watch-live-gov-ron-desantis-set-to-make-major-announcement/
Hopefully this will bring good news!