Masks In Airports: Federal Law Or Airline Policy?

In 2021, President Joe Biden issued an executive order requiring masks to be worn in airports, on commercial aircraft, and in various modes of surface transportation. This order was enforced by the Transportation Security Administration (TSA) and other federal, state, and local authorities. However, in 2022, a federal judge ruled that the CDC's mask mandate was unlawful, and as a result, many travel operators, including major airlines, have since made masks optional. While some airports and transit systems have followed suit, others, such as in New York, have continued to enforce mask requirements.

Face masks are mandatory in some airports and on aircraft

On January 21, 2021, President Joe Biden issued an Executive Order called "Promoting COVID-19 Safety in Domestic and International Travel," requiring face masks to be worn in airports, on commercial aircraft, and in various modes of surface transportation. This federal law mandates anyone over the age of 2 to wear a mask at all times in and on airport property, with failure to comply resulting in removal and denial of re-entry. The Transportation Security Administration (TSA) enforces this, along with other federal, state, and local authorities.

The TSA's actions support the Centers for Disease Control and Prevention (CDC) emergency order, which mandates masks on transportation and at stations, ports, or transportation hubs. The CDC specifies that masks must cover the nose and mouth completely and fit snugly on the sides of the face. Face shields and goggles are not considered adequate substitutes for masks but can be worn in addition to them.

However, there are exemptions to the rule. The order does not apply to children under 2 years old, people with disabilities who cannot wear a mask, and individuals for whom wearing a mask would create a workplace health or safety risk. Masks can also be removed briefly when eating, drinking, taking medication, or communicating with someone who is hearing-impaired and when necessary for identity verification.

It is worth noting that some airports and airlines have since relaxed these curbs, and the mandate has faced legal challenges, with a federal judge in Florida ruling it unlawful in April 2022. As a result, some operators have made masks optional, while others continue to enforce the mandate.

The CDC and TSA enforce mask mandates

The CDC mandate also includes public boats, subways, taxis, ride-shares, and transportation hubs such as airports, bus or ferry terminals, train and subway stations, and seaports. The CDC requires masks to be worn by all travellers over the age of 2, and specifies that face shields, bandanas, masks with exhalation valves, and masks that are too big do not qualify as acceptable face coverings.

The TSA's actions support the CDC's emergency order, which requires masks to be worn on transportation and at stations, ports, and transportation hubs. This includes workers and federal employees, who must wear masks indoors unless they are alone in a work area. If another person enters the work area, or if the employee enters an area where others may be present, a mask must be worn.

The federal government no longer enforces the requirement to wear masks during transportation, and some airports have taken the opportunity to abandon this requirement. However, not all airports have done so, and masks remain mandatory on some forms of public transportation, such as buses and trains running between certain states.

There are exemptions to wearing masks in airports and on aircraft

While masks are mandatory in airports and on aircraft, there are some exemptions to wearing them.

In the US, the Transportation Security Administration (TSA) requires travellers to wear face masks at airports, bus and train stations, as well as on passenger planes, public transportation, and passenger trains. However, the federal government no longer enforces the requirement to wear a transport mask, and some airports have abandoned the mandate.

According to the TSA, travellers who are under the age of two, those with a disability that prevents them from wearing a mask, or those who cannot safely wear a mask due to a disability as defined by the Americans with Disabilities Act are exempt from the face mask requirement. Additionally, individuals for whom wearing a mask would create a risk to workplace health, safety, or job duty, as determined by relevant workplace safety guidelines or federal regulations, are also exempt.

Some people have expressed discomfort with wearing masks due to conditions such as sleep apnea, claustrophobia, or anxiety. While these conditions are not always visible to others, individuals with these or similar conditions can obtain a medical exemption from their doctor. The process for obtaining a medical exemption varies by airline. For example, Delta Air Lines requires passengers seeking a medical exemption to complete a "Clearance-To-Fly" virtual consultation with a medical professional before flying, while Virgin Australia allows travellers to inform staff at check-in that they are medically exempt without providing a specific reason.

It is important to note that airlines have the right to deny boarding or remove passengers who refuse to comply with mask requirements, and individuals who fail to wear masks may be barred from future travel.

Some face coverings are not effective enough to comply with the rule

While face coverings are mandatory in many airports, there is no federal law on masks. The Transportation Security Administration (TSA) requires travelers to wear face masks at airports, bus and train stations, as well as on passenger planes, public transportation, and road buses traveling on fixed routes. The TSA's actions support the Centers for Disease Control and Prevention (CDC) emergency order, which mandates masks to be worn on transportation and at stations, ports, or transportation hubs.

The CDC outlines that face coverings must cover the nose and mouth and fit snugly against the sides of the face. Face shields and/or goggles are not considered adequate substitutes for masks but can be used in addition to an acceptable mask. Medical masks, N-95 respirators, and similar masks meet CDC and TSA requirements. However, some face coverings may not be effective enough to comply with these rules.

Face coverings that do not meet the CDC guidelines for effective masks include those with exhalation valves or perforations. Additionally, scarves, bandanas, religious garments, and hand-made cloth coverings are acceptable as long as they securely fit around the face. The CDC recommends that masks have at least two layers of fabric, with three layers being ideal. This means that single-layer masks may not be sufficient. Masks should also be made of breathable fabric, such as cotton, and should be washed regularly.

It is important to note that face coverings are not classified as personal protective equipment (PPE). They are primarily intended to protect others from the spread of infection, rather than the wearer. Social distancing, hand hygiene, and covering coughs and sneezes remain essential in preventing the transmission of COVID-19.

The federal government no longer enforces the requirement to wear a transport mask

The CDC's mask mandate was supported by President Biden's executive order to promote COVID-19 safety for domestic and international travel. The mandate required travelers to wear face masks at airports, bus and train stations, as well as on passenger planes, public transportation, and passenger trains. The CDC's order also required masks to be worn on transportation and at stations, ports, or similar transportation hubs.

The CDC's order defined a mask as a material covering the nose and mouth and fitting completely to the sides of the face. The CDC also stated that face masks could be homemade and should be made of solid material without cracks, exhalation valves, or perforations. Medical masks and N-95 respirators met the requirements, but face shields and goggles were not considered adequate substitutes.

The CDC's order was issued to preserve human life, maintain a safe and operating transportation system, and mitigate the introduction, transmission, and spread of COVID-19. The order was based on scientific evidence that appropriately worn masks reduce the spread of COVID-19, especially given the evidence of pre-symptomatic and asymptomatic transmission. Masks were also found to be most effective in reducing the spread of COVID-19 when widely used by people in public settings, in conjunction with other preventive measures such as social distancing, handwashing, and disinfecting surfaces.

The CDC's order was set to remain in effect unless modified or rescinded based on specific public health or other considerations, or until the Secretary of Health and Human Services rescinded the determination that a public health emergency existed.

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