'Mask Fatigue': Pilots Sue CDC To End Airplane Mask Mandate

WASHINGTON, DC — Seven pilots from JetBlue Airways and three pilots from other airlines have filed a lawsuit against the Centers for Disease Control and Prevention, seeking an end to the federal mask mandate for airplanes and public transportation.

The 10 pilots filed the suit in the U.S. District Court for the District of Columbia against the CDC and the Department of Health and Human Services to "vacate and permanently enjoin enforcement of the federal transportation mask mandate," according to the lawsuit. It further calls for an end to the mandate worldwide, citing flights and ships coming to or from the United States.

Federal officials extended the mandate last week through April 18, and the CDC is looking at and developing new, more-targeted policies that will consider the number of cases of COVID-19 nationally and in local communities, and the risk of new variants, according to The Associated Press. The federal transportation mask mandate is one of the last sweeping federal COVID-19 policies remaining as cases fall across the country.

The lawsuit accuses the CDC and HHS of acting without statutory authority under the Administrative Procedure Act and without regard for its impact on millions of travelers every day. It further alleges President Joe Biden enacted the transportation mask mandate 12 days after his inauguration to fulfill a campaign promise despite saying it was likely unconstitutional. The accusation is a reference to a September 2020 appearance on CBS 5 Arizona in which Biden said there could be "constitutional issues" regarding a federal mask mandate.

The complaint calls for the mandate to be thrown out because the CDC did not follow public notice and comment procedures when issuing the rule and Congress did not authorize it through legislation.

There have been nearly 6,000 instances of "unruly" behavior from passengers aboard airplanes since the mandate was enacted in February 2021, of which over 4,200 were related to the mask mandate, according to the complaint. The plaintiffs also argue that the mandate has resulted in what they call "mask fatigue" for many pilots, which inhibits their job performance, and includes symptoms such as hypoxia, skin and acne issues, dizziness, anxiety, depression and claustrophobia.

The pilots argue that the mandate has taken away the rights of passengers and employees to refuse the use of a medical device that has not been approved by the Food and Drug Administration or allowed only under emergency use authorization.

Janviere Carlin, the lead plaintiff and a JetBlue pilot, said that pilots realized soon after the mandate was enacted that it contradicted their mission to provide safe flights for passengers.

The Associated Press contributed to this story.