On April 20, the U.S. Centers for Disease Control and Prevention (CDC) asked the U.S. Department of Justice (DOJ) to appeal the April 18 court order that lifted the CDC’s federal mask mandate for public transportation, noting a recent spike in COVID-19 cases. As a result of the April 18 ruling, the CDC is no longer enforcing the order that has been in effect since February 1, 2021 for commercial air travel and public rail and transit systems.

The April 18 injunction, which determined that masks were not a form of sanitation and therefore outside of the CDC’s jurisdiction to regulate, will continue to prevent the mask mandate from being enforced unless a new ruling supersedes the Florida district court’s decision. In a response to the decision, the CDC reiterated the legality of the mask rule, insisting that it is well within the purview of the agency to enforce.

County officials remain on the frontline of the pandemic response and are working diligently to meet the needs of our residents, including by providing safe and reliable public transportation options through our direct support of 40 percent of the nation’s transit systems and 34 percent of public airports. Throughout the pandemic, county-supported transportation hubs have continued to operate, keeping our residents and others connected to vital community services and institutions.

NACo will continue to monitor developments around the federal mask mandate for public transportation. Learn more about counties’ frontline response to the COVID-19 pandemic here.