Texas Airports: Masks, Are They Still Mandatory?

As of April 2022, masks are not required in Texas airports. This is due to a federal judge ruling that airports and other public transit systems would no longer be required to follow a federal mask mandate. However, it is important to note that this ruling may not be permanent, as the Justice Department has indicated that the judge's mask ruling may not be the final say. Additionally, individual businesses within airports may still require masks, and it is recommended to check with specific airports and businesses for their latest guidelines.

Texas sues Biden administration over the federal mask mandate

On February 16, 2022, Texas sued the Biden administration over its federal mask mandate on airplanes and in airports. The lawsuit was filed by Texas Attorney General Ken Paxton, the Texas Public Policy Foundation (TPPF), and U.S. Rep. Beth Van Duyne (R-Texas).

The suit named CDC Director Rochelle Walensky, CDC Chief of Staff Sherri Berger, Department of Health and Human Services Secretary Xavier Becerra, and the federal government as defendants. The mandate, issued by the CDC on January 29, 2021, required masks to be worn on "transportation conveyances or on the premises of transportation hubs," and took effect on February 3, 2021.

According to the plaintiffs, the CDC mandate was "unlawfully issued" as it lacked congressional authorization and did not undergo the required administrative process of notice or comment. They argued that the CDC does not have the authority to enforce such regulations, and that the mandate defies an executive order signed by Texas Gov. Greg Abbott, prohibiting mask mandates in the state.

The Texas lawsuit came about a month after the U.S. Supreme Court rejected a separate effort to block the Biden administration's mask mandate for airplanes. Additionally, the CDC announced it was reconsidering new COVID-19 guidance, including on face masks and when they should be worn.

In Texas, local transportation hubs such as the Tyler Pounds Regional Airport, the East Texas Regional Airport, and Tyler Transit made face coverings optional following a federal judge's ruling that airports and other public transit systems were no longer required to follow the federal mask mandate.

A federal judge rules that masks are no longer required in airports

A federal judge has ruled that masks are no longer required in airports and on public transportation. This ruling came on Monday, April 18, 2022, and was made by US District Judge Kathryn Kimball Mizelle, who stated that the CDC does not have the authority to introduce a mask mandate and did not follow the proper rules to implement one.

The CDC had recently extended the mask mandate from April 18 until May 3, 2022, to allow more time to study the BA.2 omicron subvariant of the coronavirus. However, the federal judge's ruling has put that decision on hold. The Justice Department has stated that it will not appeal the ruling unless the CDC believes the mandate is still necessary for public health.

Following the ruling, many transportation providers, including airlines, airports, Uber, and Amtrak, have made masks optional for employees and customers. However, some transit agencies, such as the Metropolitan Transportation Authority in New York City and the Los Angeles Metro, are holding firm and continuing to require masks while they review their policies.

The ruling has led to a mix of reactions, with some people happy about the change and feeling like it gives them more freedom, while others feel confused or concerned about the abrupt change, especially those with young children who are not yet eligible for vaccination. The White House has also made clear that those traveling with President Joe Biden will still be required to wear masks.

In Texas, local transportation hubs such as the Tyler Pounds Regional Airport, the East Texas Regional Airport, and Tyler Transit have made masks optional following the ruling. The manager of Tyler Pounds Regional Airport, Steven Thompson, has stated that his priority is to limit confusion among passengers by keeping the message consistent and continuing to encourage social distancing.

Mask mandate in airports and on flights is not enforced by TSA

The Transportation Security Administration (TSA) does not enforce the mask mandate in airports and on flights. While masks are currently required by the federal government, individual states have the power to decide whether to implement this mandate. Texas, for example, has sued the Biden administration over its federal mask mandate on airplanes and in airports, with Texas Attorney General Ken Paxton stating that "masks are not only silly but illegal".

The TSA has made provisions for those who cannot safely wear a mask, including travelers under the age of 2, those with a disability who cannot wear a mask, and those 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. These individuals are exempt from the federal face mask requirement.

Ultimately, the decision to enforce the mask mandate in airports and on flights is left to the discretion of each state and is not enforced by the TSA.

Texas airports make masks optional

The easing of restrictions has been welcomed by most passengers, who say they are looking forward to the change. "It just feels like more freedom," said one traveler. "We do want to obey whatever we're told to do, but it almost felt difficult to breathe after a while." Another passenger noted that it "should be an individual choice."

However, some people still choose to wear masks while traveling. Christa Wilson, who was waiting for a friend's arriving flight, said she would keep her mask on for work purposes. "I do have a job where I care for an elderly person, so I have every intent of keeping him safe," she explained.

The manager of Tyler Pounds Regional Airport, Steven Thompson, emphasized the importance of keeping a consistent message and limiting confusion among passengers. He added that the airport would continue to encourage social distancing to maintain passenger privacy.

Previously, masks were required in Texas airports due to federal and state mandates. The CDC's mandate, which applied to airplanes and airports, was challenged by Texas Attorney General Ken Paxton, who argued that it was "not authorized by Congress" and carried criminal penalties for those who did not comply. Despite the widely available coronavirus vaccine and a drop in cases across the country, the federal government maintained its mask mandate in airports and on public transportation.

Masks are still required in Houston airports

As of June 2020, masks are required at all terminals in Houston's Bush and Hobby airports for visitors over the age of 10. This mandate was implemented in response to Harris County/Houston's new mask order, which was announced by Harris County Judge Lina Hidalgo. The order states that all businesses in the county must require employees and customers to wear masks.

While this mandate is in place for Houston airports, it is important to note that there is no federal requirement for masks on airplanes or in airports in Texas as of April 2022. A federal judge in Florida ruled that the national mask mandate on airplanes and mass transit exceeded the statutory authority of the US Centers for Disease Control and Prevention and violated administrative law. As a result, the Transportation Security Administration (TSA) will no longer enforce the use of masks in airports and on public transportation.

However, it is worth mentioning that individual airlines may still have their own mask requirements, so it is important to check with your specific airline for their guidelines on mask mandates.

The decision to end the national mask mandate has been met with mixed reactions. Some individuals welcome the change, feeling that it gives them more freedom and choice. On the other hand, others choose to continue wearing masks for personal or work-related reasons. Despite the lifting of the mandate, the CDC still recommends wearing masks in indoor public transportation settings.

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