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Category: Mask Lawsuits

9 Flight Attendants Sue CDC to Terminate
Federal Transportation Mask Mandate

A group of nine flight attendants from six states filed suit March 24 against the Centers for Disease Control & Prevention to strike down the Federal Transportation Mask Mandate, arguing forcing them to obstruct their normal breathing harms their health and being required to enforce the mandate endangers aviation safety as tens of thousands of passengers refuse to comply.

The nine plaintiffs work for Allegiant, American, Delta, Frontier, Southwest, and United. It’s the first legal challenge to the FTMM filed by flight attendants and the second by airline workers. Ten pilots filed a similar lawsuit last week in the U.S. District Court for the District of Columbia.


10 Pilots Sue CDC to Block Never-Ending
Federal Transportation Mask Mandate

A group of 10 commercial airline pilots from six states filed suit Tuesday against the Centers for Disease Control & Prevention to strike down the Federal Transportation Mask Mandate, arguing forcing them to obstruct their normal breathing harms their health and endangers aviation safety. It’s the first legal challenge to the FTMM filed by airline workers.

Pilots filed the 61-page complaint in the U.S. District Court for the District of Columbia just hours after the Senate voted 57-40 to repeal the mask mandate and one day after 17 members of Congress sued CDC in Kentucky. They charge CDC and its parent agency, the Department of Health & Human Services, with seven violations of the law and Constitution. The pilots, who work for four U.S. airlines, ask the court to vacate the mandate and permanently enjoin the federal government from ever issuing it again.


4 American Employees Charged for Interfering with Civil Rights of Disabled Who Can’t Wear Masks

The father of a 4-year-old autistic Florida boy who was refused transportation Feb. 22 by American Airlines from Miami to Boston for a critical medical appointment charged four American employees today with conspiracy to interfere with the civil rights of the disabled who can’t medically tolerate wearing face masks. It’s believed to be the first case in the nation where individual airline workers have been named as defendants for their roles in banning the disabled from flying during the COVID-19 pandemic.

Michael Seklecki Sr. of Lake Mary, Florida, filed a motion this morning with the federal court in Boston to add as individual defendants Peter Soares, American’s managing director of legal affairs; Irina Spence, a customer care manager in American’s Special Assistance Coordinators Department; Innolene “Doe,” a customer-service agent for American at Miami International Airport who refused to check his son and him in for their flight last month; and Misty “Roe,” a coordinator in American’s Special Assistance Coordinators Department who signed a letter denying Seklecki Sr. a mask exemption for a previous flight Nov. 10, 2021.


American Refuses to Board 4-Year-Old Autistic Boy with Mask Exemption Despite Judge’s Instructions

American Airlines today refused to board a 4-year-old autistic boy despite his obtaining a mask-exemption letter from the carrier at the instruction of a federal judge. The family is currently stranded at Miami International Airport trying to find another way to get to Boston for the boy’s 11 a.m. medical appointment tomorrow at Massachusetts General Hospital.

A federal judge Feb. 16 directed American Airlines and Southwest Airlines to issue Michael Seklecki Jr. of Sanford, Florida, who suffers from Autism Spectrum Disorder, a letter 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. American and Southwest complied, but American included an unlawful provision that Michael Jr. has to submit a PCR or antigen COVID-19 test at check in.


Health Freedom Defense Fund Asks Court to Strike Down Federal Transportation Mask Mandate

The Health Freedom Defense Fund and two women who live in the Tampa Bay area moved for summary judgment Thursday to vacate the Federal Transportation Mask Mandate ordered by the Centers for Disease Control & Prevention, advancing the case into final proceedings after a legal battle that began in July.

The motion, filed in federal court in Tampa, came one day after a Washington, D.C., man who’s been stranded in Florida for more than eight months because he medically can’t wear a mask filed for summary judgment asking a U.S. district judge in Orlando to strike down the FTMM. And it came the day after Texas became the first state to sue the federal government to halt the mask requirement.


Media Coverage of Transportation Mask
& Testing Lawsuits February 2022

I’m challenging the Centers for Disease Control & Prevention’s Federal Transportation Mask Mandate and International Traveler Testing Requirement in the U.S. District Court for the Middle District of Florida (Wall v. CDC). Also in the MDFL, I’m also suing seven airlines in a class action with 11 other plaintiffs for illegally discriminating against passengers with disabilities who can’t tolerate wearing face masks (Wall v. Southwest Airlines).

I’m in a group of 14 who filed six lawsuits against the Transportation Security Administration for illegally enforcing a mask mandate (the lead case is Wall v. TSA). Our cases started in six circuits of the U.S. Courts of Appeals and are now in the District of Columbia Circuit. Membes of our coalition are also suing to vacate CDC’s mask mandate and testing requiremen as well as airlines’ discriminatory mask policies. Each plaintiff is representing him/herself. We do not have an attorney.

Here’s media coverage of the cases during February 2022:


Grounded Frequent Flyer Asks Court to Terminate Federal Transportation Mask Mandate

A frequent flyer grounded because he medically can’t tolerate wearing a face mask filed for summary judgment today asking a U.S. district judge to strike down the Federal Transportation Mask Mandate ordered by the Centers for Disease Control & Prevention, advancing the case into final proceedings after a legal battle that began in early June. The motion was filed only hours after Texas became the first state to sue the federal government to halt the mask requirement.

Plaintiff Lucas Wall, 44, of Washington, D.C., argues CDC’s mask mandate is illegal and unconstitutional. He charges CDC and its parent agency, the Department of Health & Human Services, with eight counts of violating the Constitution and federal law by imposing a requirement that all passengers and employees throughout the nation’s entire public-transportation system obstruct their oxygen intake. Wall also charges the agencies with four constitutional and statutory violations for the International Traveler Testing Requirement, which mandates that all airline passengers flying to the United States – but not travelers entering the country by land or sea – submit a negative COVID-19 test within one day of departure.


Kentucky Sheriffs Threaten to Arrest Maskless Woman Trying to Enter Courthouse for Hearing

Two sheriff’s deputies threatened to arrest a Louisville woman today when she attempted to enter the Oldham County Courthouse without a mask on to attend a hearing in a case that began in September 2020 when a shooting range had her charged with trespassing for asserting her right to a disability exemption from its mask policy.

Shannon Greer went into the courthouse lobby with her husband, Eric, for her 2 p.m. hearing before Judge Brittney McKenna on her motion to dismiss the three charges against her stemming from the Sept. 12, 2020, incident at Openrange Gun Range in Crestwood. A video Greer posted to YouTube shows Eric entering first and placing a mask on. Shannon then enters the building and its immediately told by an Oldham County sheriff’s deputy “You have to put a mask on mam.”


Judge Instructs American & Southwest to Issue 30-Day Mask Exemption to 4-Year-Old Autistic Boy

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.


Judge Sets Emergency Hearing Wednesday
after American & Southwest Refuse
4-Year-Old Autistic Boy’s Mask Exemption

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.