US pilots file lawsuit against federal mask mandate on planes

Face covering rules branded ‘an illegal and unconstitutional exercise of executive authority’ by plaintiffs

Ten pilots have filed the suit (Getty Images)

A group of US pilots has filed a lawsuit over the country’s federal mask mandate, which stipulates that all passengers must wear a face covering on public transport, including on flights and at airports.

The 10 pilots span several airlines – JetBlue, Southwest Airlines and American Airlines – and claim that the Federal Transportation Mask Mandate is “an illegal and unconstitutional exercise of executive authority”, reports The Washington Examiner.

The suit has been lodged against the US Centers for Disease Control and Prevention (CDC) and its parent organisation, the Health and Human Services Department, with plaintiffs alleging that the institutions “acted without” authorization and failed to follow the rulemaking process outlined by the Administrative Procedure Act (APA).

“The mask mandate is procedurally defective because the defendants adopted it without following the APA's notice-and-comment requirements or considering the impact on tens of millions of travellers and transportation workers every single day,” reads the suit, which asks the court to rule that the mask mandate is unconstitutional.

Filed in the US District Court for the District of Columbia, the suit alleges that the mask mandate, first introduced in February 2021, has caused “chaos”, and claims the CDC “ignored countless scientific and medical studies” disproving the effectiveness of masks in preventing the spread of Covid-19.

“We have serious concerns about the safety implications of the mask mandate, none of which were studied by the CDC or HHS,” said the plaintiffs.

Federal Aviation Administration (FAA) data shows that masks have been linked to a surge in disruptive passenger behaviour on board American flights - of 5,981 onboard disputes recorded on the country’s airlines last year, 72 per cent were related to masks.

The plaintiffs have also requested that authorities “remove all signs informing passengers” to wear a mask, and that they be awarded any costs and fees they incurred within the course of the suit.

Following an extension last week, the mask mandate is currently due to stay in place until at least 18 April.

The news comes after an announcement from London’s Heathrow airport that passengers are no longer required to wear a face covering.

The change applies across all of Heathrow’s terminals, bus and railway stations and office spaces. Heathrow says it mirrors steps taken by other transport organisations in the UK.

The airport’s chief operating officer, Emma Gilthorpe, said: “We’re gearing up for a busy summer travel season, and this change means we can look forward to welcoming our passengers back with a smile as we get them safely away on their journeys.”