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44 TCRP LRD 58 On January 31, 2021, after the Acting Secretary of Homeland Security determined that a national emergency existed, the TSA issued a Security Directive implementing the Presidentâs Execu- tive Order and the related order of the CDC. The TSAâs Secu- rity Directive applies to âaircraft, train road vehicle, vessel . . . or other means of transport,â632 as well as transportation hubs and facilities, including bus terminals.633 The Security Directive specifies that an owner/operator notify passengers, âat the time tickets are purchased or when other wise booking transportation and at the time the convey- ance departs it location after boarding passengers,â that refusing âto wear a mask is a violation of federal lawâ¦.â634 Furthermore, if an individual refuses to comply with an instruction given by the owner/operator with respect to wearing a mask, the owner/operator must: 1. Deny boarding; 2. Make best efforts to disembark the individual as soon as practi- cable; or 3. Make best efforts to remove the individual from the transportation hub/facility.635 On April 30, 2021, the TSA extended the face mask require- ment for all transportation networks, including public transpor- tation, through September 13, 2021636 and later to January 18, 2022.637 On June 10, 2021, the CDC announced that it was amend- ing its Face Mask Order so as not to ârequire people to wear a mask in outdoor areas of conveyances . . . or while outdoors at transportation hubs.â638 When people are âin indoor areas of conveyances or while indoors at transportation hubs,â they are not required to wear a mask, for example, âwhile eating, drink- ing, or taking medication for brief periods of time.â639 Notably, an analysis by the Congressional Research Service (CRS) of the statutory authority of federal agencies to issue the foregoing directives concludes that âthe scope of federal agen- ciesâ existing statutory authority to mandate masks is an open legal question.â640 632 See authority granted by 42 C.F.R. 70.1. 633 TSA Security Directive, supra note 626. 634 Id. at 2. 635 Id. at 4. 636 Id. See National Press Release, Transportation Security Administration (April 30, 2021) (stating that the TSA âis extending the face mask requirement for individuals across all transportation net- works throughout the United States, including at airports, onboard commercial aircraft, on over-the-road buses, and on commuter bus and rail systems through September 13â), https://www.tsa.gov/news/press/ releases/2021/04/30/tsa-extends-face-mask-requirement-airports-and- throughout (last accessed Jan. 31, 2022). 637 Reuters, supra note 628. 638 Centers for Disease Control and Prevention, Requirement for Face Masks on Public Transportation Conveyances and at Transportation Hubs, supra note 625 (emphasis supplied). 639 Id. at 2 (emphasis supplied). 640 Adkins, CRS, supra note 624. On April 18, 2022, in Health Freedom Def. Fund, Inc. v. Biden, 2022 U.S. Dist. LEXIS 71206, at *1, 2 (M.D. Fla. 2022), a federal district court in Florida ruled that the CDCâs However, it is also notable that the FTA amended its Master Agreement to require grant recipients to comply with COVID- 19 face mask requirements.641 The FTAâs Master Agreement ap- plies to all grants, cooperative agreements, and loans authorized by federal public transportation law or administered by FTA and âsubjects noncompliant grant recipients to potential FTA civil enforcement actions that may result in the withholding of federal funds.â642 B. Compliance with State and Local Face Mask Mandates At the state level, whether there are also state and/or local face mask mandates, and the degree of success that law enforcement agencies are having in enforcing the mandates, must be deter- mined on a state-by-state basis.643 In the state of Washington, for example, according to the Municipal Research and Services Center (MRSC),644 [w]hile all agencies are required to follow state face mask require- ments, the local board of health and local health officer also have the authority to enact local rules and regulations as are necessary in order to preserve, promote and improve the public health, and to provide for the control and prevention of any dangerous, contagious or infec- tious disease (RCW 70.05.060; RCW 70.05.070). WAC 246-100-070 requires that local law enforcement enforce those orders.645 The MRSC notes also that âthe Washington State Constitu- tion, Article XI, Section 11[,] provides broad authority to cities and towns to act in the event of an emergency, stating: âAny county, city, town or township may make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws.ââ646 mask mandate exceeded the agencyâs statutory authority, as well as vio- lated the Administrative Procedure Actâs requirements for rulemaking by the agency. In granting the plaintiffsâ motion for summary judg- ment, the district court vacated the CDCâs mask mandate and remanded it to the agency. On April 21, 2022, the CDC and other defendants/ appellants appealed the district courtâs decision to the Eleventh Circuit, case number 22-11287. On May 31, 2022, the appellants filed their brief. 641 Id. at 2. 642 Id. 643 Kate Mabus, Mask mandates by states: As COVID cases spike, see what the rules are where you live, USA Today, https://www.usatoday.com/ story/news/nation/2021/07/27/mask-requirements-state/8087357002/ (updated Aug. 3, 2021) (last accessed Jan. 31, 2022). An example of a local governmentâs order on the use of face masks is the St. Louis County Department of Public Healthâs face mask order, dated July 26, 2021, a copy of which is included as Item 10 in Appendix A to the digest. 644 MRSC âis a nonprofit organization that helps local governments across Washington State better serve their communities by providing legal and policy guidance on any topic.â https://mrsc.org/Home/ About-MRSC.aspx (last accessed Jan. 31, 2022). 645 Ask MRSC - Coronavirus (COVID-19) FAQs for Local Governments, Emergency Powers Generally, Can a local agency issue an order requiring people to wear face masks in public buildings or public transit facilities? https://mrsc.org/Home/Explore-Topics/Public-Safety/ Emergency- Services/Public-Health-Emergencies/Coronavirus-COVID-19-FAQs. aspx, (Updated June 4, 2021) (last accessed Jan. 31, 2022). 646 Id.