A frequent traveler banned from flying because he medically can’t wear a face-covering filed a 47-page legal brief tonight urging the U.S. District Court here to vacate the Federal Transportation Mask Mandate, which the Biden Administration announced Tuesday will be extended from Sept. 13 to Jan. 18.
Plaintiff Lucas Wall, 44, of Washington, D.C., asserts the FTMM and International Traveler Testing Requirement are motivated by politics, not public health, and are unsupported by law.
President Biden said last year he had no constitutional authority to impose a mask mandate.
“Defendant Biden acted in bad faith by signing the FTMM and ITTR executive order Jan. 21, 2021, (his second day in office) anyway – just as he thumbed his nose at the Constitution and the Judicial Branch earlier this month in allowing Defendant CDC to extend the Eviction Moratorium even though the Supreme Court ruled it would have to be authorized by new congressional legislation – and the president himself said numerous times publicly that extending the moratorium would be illegal,” Wall wrote. “The Federal Defendants’ bad-faith actions in imposing the FTMM and ITTR have resulted in devastating consequences for the tens of millions of Americans such as myself who medically can’t – or simply don’t want to – cover our faces and refuse to pay for an unnecessary and illegal COVID-19 test prior to flying home.”
Wall submitted 218 exhibits attached to his brief totaling 1,517 pages, including 72 scientific studies and medical articles documenting how masks are totally ineffective in reducing COVID-19 spread and harm human health.
He also included declarations from 33 other airline passengers and flight attendants from across the nation who have been barred from flying and/or seen the chaos in the skies as passengers and crew fight about overbearing mask rules.
“I am confident my challenge to the mask mandate will prevail,” Wall said. “It will take court action to ensure Americans will no longer have to give up their right to breathe freely as a condition of utilizing any mode of public transportation.”
The U.S. Department of Justice filed Aug. 9 an 88-page brief in Wall v. CDC arguing the FTMM and ITTR should be upheld because Congress authorized CDC to adopt regulations that are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into United States or from one state to another – an argument already rejected by five federal courts plus the U.S. Supreme Court in other pandemic cases.
There are four lawsuits in federal courts seeking to strike down the FTMM as an abuse of executive power. Plaintiffs are optimistic because of the Centers for Disease Control & Prevention’s defeats in every pandemic case so far dealing with its illegal Eviction Moratorium and onerous rules for resuming cruises.
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