Here’s how SEPTA decided to lift its mask requirement after a federal judge canceled the national mandate
The Justice Department said Tuesday that it may appeal the ruling, but only if the CDC wants to extend the mask requirement.
On Monday afternoon, SEPTA officials rushed to digest and respond to a federal judge’s order obliterating the national mask requirement for passengers on public transportation.
At first, the agency said it would “for now” continue to require masks in its stations and on its commuter trains, subways, buses, and trolleys.
But after 9 p.m., SEPTA announced riders could feel free to slip off their masks if they wished.
» READ MORE: SEPTA lifts mask requirement for riders after federal court ruling
It joined NJ Transit and other peer transit systems in Washington, Boston, and Atlanta, as well as Amtrak, the national passenger railroad, in dropping mask mandates. New York, San Francisco, Chicago, and Seattle kept their requirements in force.
And Tuesday evening, the Biden administration said it will appeal the judge’s ruling if the CDC wants to extend its masking directive, which was due to expire May 3.
If filed, an appeal could complicate SEPTA’s decision if either the judge herself or the 11th Circuit Court of Appeals issues a stay of Monday’s order voiding the federal mask rule.
As much as anything, the developments illustrate the uncertainty that followed the judicial order. It has now led to a patchwork of local regulations — masks required in some places, optional in others — that could send a mixed message about the risks of COVID-19 transmission on public transportation.
» READ MORE: Philly requires masking inside again as COVID-19 hospitalizations rise
In the end, SEPTA’s executive team and board members decided it made little sense to keep in place the terms of a federal mandate that no longer existed, officials said. And above all, there was a concern for employees, who had already been subject to abuse and harassment while asking riders to mask up during the pandemic.
“We didn’t want our frontline workers, who’ve been heroic, to be in a challenging spot,” said CEO Leslie S. Richards. “Our customers certainly know about the court decision, and they know we can’t really enforce it.”
For SEPTA, there also was the delicate consideration of potentially appearing to undercut the government of Philadelphia, which had reinstated its mask mandate for indoor spaces earlier Monday.
As SEPTA executives deliberated, they consulted with the health commissioner and the city’s two representatives on the agency’s board, Michael Carroll, the deputy managing director for transportation, and Deborah Mahler, deputy mayor for intergovernmental affairs.
“It was a lot of moving parts,” Richards said.
In a statement late Tuesday afternoon about the transit agency’s decision to not require masks inside stations and concourses, a city spokesperson said: “We are evaluating the implications of this latest ruling and will provide further clarity around masking on transit in Philadelphia when available. This ruling does not impact the city’s mask mandate for certain indoor places.”
In the hours after the judge’s ruling, social and broadcast media carried images of passengers on airliners cheering and pulling off their masks midflight. All the major airlines announced mask-optional policies, though they added customers would have to obey local rules at airports.
As a state agency serving Philadelphia and four suburban counties, SEPTA likely does not need to adhere to the city’s policy in its stations and vehicles as a matter of law.
Its services cross jurisdictional boundaries. The Market-Frankford Line, for instance, passes through the city and into Delaware County. Some trolley lines span both counties, and multiple bus routes travel from the city to any number of suburban municipalities — as do Regional Rail trains.
But it’s not that simple, Richards said. SEPTA made it clear that its employees who work in offices, depots, and maintenance shops in the city, which are all indoor spaces, must follow the mask mandate.
“We wanted to carefully think through the implications of the mayor’s directive,” Richards said, adding it was important for SEPTA to be “respectful of what the [administration] decided was in the best interests of Philadelphia’s people.”
At the entrance to the Regional Rail tracks in 30th Street Station, the bustling crowd was a mix of people wearing surgical masks, cloth masks, N95s, and others who had none. Most were taking the shift in stride.
Michelle Hughes, who had taken a SEPTA train from Philadelphia International Airport after landing from Boston, said it was a mix on the train, too. Hughes herself did not wear a mask but said she was “open” to individuals’ decision to wear one.
“I just think it’s whatever everyone’s comfort zone is,” she said.
Obed Koshy and Rini Oommen, two international students who attend Drexel University, were both wearing masks and said they planned to keep doing so even though the rules on SEPTA have changed.
“I think masks are protection for yourself,” said Koshy.
“Masks are the only thing separating us from COVID,” said Oommen.
Staff writer Rob Tornoe contributed to this article.