TALLAHASSEE, Fla. — Florida Attorney General Ashley Moody is spearheading an effort to overturn the federal mask mandate on airplanes and other public transportation.
Major airline CEOs recently asked President Joe Biden to end the mask mandate, too. Earlier this month, however, the federal government extended the mask requirement through April 18.
During a news conference with Gov. Ron DeSantis on Tuesday in Tallahassee, Moody announced she was leading 20 other states in taking the legal action against the Biden administration.
She is arguing that the federal mandate exceeds the authority granted to the Centers for Disease Control and Prevention and relies on a "failed interpretation of a quarantine statute" that has already been ruled against in court.
"The continuation of the unlawful mask mandate harms the states," Moody's office added in a statement. "It also interferes with state law in places like Florida, which has imposed laws banning forced masking. The mandate also runs against reason, as now even the states with the most stringent COVID-19 policies are beginning to lift indoor mask mandates."
The complaint seeking declaratory and injunctive relief against the federal mask mandate is based on two main arguments. First, the states involved are saying that the statute the rule is based on does not allow for economy-wide measures. Secondly, they say the state only allows for rules that are directly linked to preventing a disease from spreading between states. They argue the mask rule doesn't meet that bar because it requires face coverings for all individuals, even those who do not show signs of infection.
Moody's office called the CDC rule "arbitrary and capricious" and said it did not consider state-level actions to control the spread of COVID-19.
"The mandate also requires state-run conveyances and transportation hubs to affirmatively enforce the rule, in violation of the anti-commandeering doctrine," her office added.
Moody's goal is to have the mask mandate thrown out. She wants to see a permanent injunction against enforcing it.
“President Biden’s shortsighted, heavy-handed and unlawful travel policies are frustrating travelers and causing chaos on public transportation. It’s long past time to alleviate some of the pressure on travelers and those working in the travel industry by immediately ending Biden’s unlawful public transportation mandates," Moody said.
The complaint, which can be viewed here, was filed in the United States District Court for the Middle District of Florida.
The following states are involved in the legal action with Florida: Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, Virginia and West Virginia.
Critics have questioned why the CDC is allowing mask-less people to gather in movie theaters and sports arenas but not on planes.
White House press secretary Jen Psaki said recently that deciding on the right policy for travel was more complicated than setting standards for local communities to follow.
“If you're moving from one zone to another and picking people up ... it's a little bit different, and that requires some consultation, which is what (CDC officials) are going to endeavor to do between now and April 18,” Psaki said earlier this month.
Zeke Miller of the Associated Press contributed to this report.