A 4-year-old Florida boy who suffers from Autism Spectrum Disorder and can’t medically wear a face covering is asking U.S. Supreme Court Justice Neil Gorsuch to block the Transportation Security Administration’s ability to enforce the Federal Transportation Mask Mandate, which is in effect until at least March 18.
In an emergency application resubmitted Dec. 21 and placed back on the docket today, Michael Seklecki Jr. of Sanford, Florida, his father Michael Sr., and Lucas Wall of Washington, D.C., request Gorsuch stays enforcement of the mandate pending final disposition of their petition for review in the U.S. Court of Appeals.
Chief Justice John Roberts denied the application on Dec. 9 without comment or referring the matter to the entire court. Supreme Court rules permit an application rejected by a single justice to be resubmitted to any other justice for reconsideration.
“Justice Gorsuch has been a beacon for liberty, voting to strike down CDC’s Eviction Moratorium and several state COVID-19 restrictions against houses of worship,” Michael Sr. said. “He has also dissented in multiple cases recently where the court failed to block state vaccine mandates. We’re hoping he will take a second look at our application and either enjoin TSA’s illegal mask mandate or refer the matter to the full court for adjudication.”
The Sekleckis must fly often between their home near Orlando and Boston for Michael Jr.’s specialty medical care. Their next flight to Boston is planned for the weekend of Jan. 8-9. Wall has a ticket booked to visit his brother in Germany on Jan. 10, a trip that has been postponed numerous times since June because of the FTMM.
The three ask Justice Gorsuch for a ruling by Jan. 7 – the same day the court is holding emergency oral arguments on numerous petitions to stop the Biden Administration from enforcing coronavirus vaccine mandates for companies with 100+ employees as well as all healthcare workers.
“Although we are not permitted to modify the original brief and appendix, we would like to inform the Court of important developments since Chief Justice Roberts denied our original application Dec. 9,” the applicants wrote in a cover letter. “That same day, Mr. Seklecki and M.S. flew home after M.S.’s stay at Boston Children’s Hospital … At the check-in counter, Delta Air Lines again refused to grant Mr. Seklecki a mask exemption due to Respondent Transportation Security Administration’s enforcement of the Federal Transportation Mask Mandate … Delta granted M.S. a mask exemption. However, aboard the airplane, flight attendants harassed M.S. for not wearing a face covering and demanded Mr. Seklecki place a muzzle on his autistic child or deboard the aircraft.”
Michael Sr. explained several times that his son had been granted a mask exemption by Delta’s check-in agents, refused to place a mask on his son, and declined to exit the plane.
“The captain of the flight and a Delta customer-service supervisor came into the cabin to speak with the flight attendants,” the letter states. “After a delay, the captain confirmed M.S. had received a mask exception and flight was then allowed to depart. This incident further demonstrates the need for a stay of the Federal Transportation Mask Mandate as requested in our emergency application.”
The Sekleckis and Wall complain that “TSA gives airlines, which are private corporations, complete discretion whether or not to grant an exemption to the mask mandate for medical reasons in violation of the Air Carrier Access Act. Every time Mr. Seklecki and M.S. fly for the boy’s critical out-of-state medical care, they must receive clearance from the airline.”
The Sekleckis have been banned by Frontier Airlines and harassed by Spirit Airlines because Michael Jr. can’t wear a mask. Wall, who has been battling the FTMM and seven airlines’ illegal discriminatory mask policies in court since June, was banned by JetBlue Airways for suing it.
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