Skip to content
Link copied to clipboard
Link copied to clipboard

A Florida judge struck down the CDC mask mandate. What does this mean in Philly?

As federal authorities drop mask requirements on public transportation, Philadelphia has reinstated it's mask mandate.

People traveled through the Philadelphia International Airport on Tuesday, some in masks and some without.
People traveled through the Philadelphia International Airport on Tuesday, some in masks and some without.Read moreJose F. Moreno/ Staff Photographer

Just as Philadelphia is reinstating its indoor mask mandate, a federal judge in Florida has struck down the nation’s mask directive.

Here’s what you need to know.

What did the federal mask mandate do?

The federal mask mandate, issued by the CDC, required masks on airlines and in airports, mass transit, and taxis.

What happened to strike down the federal mask mandate?

U.S. District Judge Kathryn Kimball Mizelle was ruling in a lawsuit filed last year by an organization called the Health Freedom Defense Fund and two Florida residents against President Biden. The lawsuit alleged the mask mandate was unlawful.

Mizelle agreed on Monday, saying that the CDC failed to justify the mandate. She said that because it was impossible to lift the mask directive for some, but not all, her only option was to void the mask rule entirely.

What is the Health Freedom Defense Fund?

The Health Freedom Defense Fund is a nonprofit based in Idaho that defends what it calls the human right to “bodily autonomy.” It’s run by Leslie Manookian, who describes herself as “a former successful Wall Street business executive” who produced a documentary about vaccines as a way to bring awareness to “the importance of health freedom.”

Who is Judge Kathryn Kimball Mizelle?

Mizelle is a federal judge who was appointed by President Trump in 2020. She was 33 at the time, making her one of the youngest judges to ever be appointed to the lifetime seat. The American Bar Association objected to her appointment, sending a letter to the U.S. Senate saying she lacked experience.

Mizelle had only practiced law for eight years at the time — the ABA recommends at least 12 years of experience for judges, or extensive trial or courtroom experience.

Her husband, Chad Mizelle, was the general counsel for Trump’s Department of Homeland Security.

Mizelle, who clerked for U.S. Supreme Court Judge Clarence Thomas, was confirmed by the U.S. Senate in November 2020.

Will her ruling be appealed?

It’s not yet clear. White House spokesperson Jen Psaki said Mizelle’s decision was “disappointing” and that the White House was still reviewing the ruling. On Tuesday, the Biden administration announced it would appeal — provided the CDC decides that the mask mandate is needed to protect public health.

What does this mean for airlines? SEPTA? NJ Transit? PATCO?

Transit authorities, airlines, and other entities previously beholden to the mask mandate can now decide their own rules for the pandemic.

Masks will no longer be required on SEPTA, NJ Transit, and PATCO. Uber and Lyft also said that masks are no longer required on rides, as did American Airlines, along with several other major airlines.

But masks will still be required in the Philadelphia airport because of the city’s mask mandate.

Additionally, SEPTA said Monday night that masks were required for SEPTA employees “working inside SEPTA offices, districts and shops within Philadelphia,” as per the city’s mask mandate.

How does this ruling interact with Philadelphia’s 2022 mask mandate?

Philadelphia’s latest mask mandate still applies to all indoor spaces in the city, unless a business is requiring proof of vaccination. And now, because of Mizelle’s ruling, you don’t have to wear a mask on SEPTA or in an Uber.

» READ MORE: Here’s where you need to wear a mask in Philly

Could the city’s mandate get struck down?

It’s not clear. More than 20 businesses and residents have sued the city over its 2022 mask mandate in a lawsuit filed this weekend in Commonwealth Court. The suit alleges the city does not have the authority to pass such a mandate, and the lawyer representing the plaintiffs is seeking an emergency order to overturn it.

Which mask guidance should I follow? Whose rules take precedence?

Check what mask guidance is in place for the space you’re in. In Philadelphia, if you’re indoors, you have to wear a mask unless you’re on SEPTA or in a business that requires proof of vaccination. And even if a mask isn’t required, you can still wear one. The CDC still recommends wearing a mask on public transit.