Posted on 07/12/2021 6:29:40 PM PDT by lightman
A passenger prevented from boarding a Southwest Airlines flight has filed an emergency application with the Supreme Court seeking a preliminary injunction against the Centers for Disease Control and Prevention (CDC) over its mandate requiring travelers to wear face coverings. “This is an authoritarian policy that has no basis in law and has to come to an end,” Washington resident Lucas Wall told The Epoch Times in an interview.
Wall is fully vaccinated, but says he refuses to wear a face covering because doing so precipitates a feeling of panic and claustrophobia.
“I’ve been stranded at my mother’s in Florida because I don’t own a car, and I rely solely on public transportation. And I’ve essentially been banned from every single mode of public transportation,” Wall said.
“But I’ve been hearing from hundreds of other Americans who are in the same boat where they have medical conditions, whereby they cannot tolerate wearing a mask, and they have been thrown off planes.
“There are probably tens of millions of Americans such as myself, who can’t or won’t wear a face mask for various medical and other reasons, who are essentially banned for using all forms of public transportation anywhere in the country right now because of this overzealous and illegal federal transportation mask mandate.”
The legal action comes after Sen. Rand Paul, a Kentucky Republican and medical doctor who has had COVID-19, promised to file a bill to eliminate the mask mandate on airplanes.
“When the Senate returns to session, I will be introducing an immediate repeal of the mask mandate on planes. Enough! Time to stop this farce and let people travel in peace!” he wrote on Twitter on July 8.
The Transportation Security Administration (TSA) announced on April 30 that it was extending through Sept. 13 the face mask requirement for individuals across all transportation networks throughout the United States, including at airports, onboard commercial aircraft, on over-the-road buses, and on commuter buses and rail systems.
People who have been fully vaccinated against SARS-CoV-2, the virus that causes the disease COVID-19, are still required to be masked while using such transportation networks, consistent with CDC guidelines. The original face mask mandate took effect on Feb. 1. The TSA stated that the existing civil penalty fine structure, which starts at $250 and rises to $1,500 for repeat offenders, would remain in place for those who violate the face covering requirement.
The application, filed by Wall, who is representing himself, with the Supreme Court on July 12, is known as Wall v. CDC. In addition to the CDC, the other named defendants are the Departments of Health and Human Services, Homeland Security, and the Department of Transportation, as well as the TSA and President Joe Biden.
Wall is also suing other airlines, accusing them of discriminating against passengers like him who can’t wear masks because of medical conditions.
The application goes to Supreme Court Justice Clarence Thomas, who sits as circuit justice for the U.S. Court of Appeals for the 11th Circuit, which covers Florida. Wall, who is self-employed, also filed a lawsuit with a federal district court in Florida after he was denied boarding for a Southwest Airlines flight from Orlando to Fort Lauderdale on June 2.
Wall said in the document that he wants the court to “grant him a preliminary injunction to stop the Federal Defendants from enforcing the Federal Transportation Mask Mandate (“FTMM”) nationwide,” which he argues violates federal law, including the Constitution.
“I have been illegally restricted from flying during the last year of the COVID-19 pandemic because of my inability to wear a mask, especially since the FTMM took effect Feb. 1, 2021.
“Southwest refused to grant me a mask exemption even though I submitted the required form stating my Generalized Anxiety Disorder makes it impossible for me to tolerate wearing a face covering … when I booked my ticket May 31.
“TSA would not allow me to pass through the security checkpoint at Orlando airport, because Southwest had not endorsed my boarding pass as being mask-exempt.”
Time is of the essence, Wall argues in his application.
“I respectfully ask for relief no later than Friday, July 16, because I have a flight booked to Germany on Saturday, July 17, to visit my brother and his wife,” noting that he has already postponed the planned trip twice because he hasn’t been able to obtain preliminary injunctive relief from the District Court or the 11th Circuit.
“If this Court does not grant me relief, I will have to cancel this and another upcoming trip to Seattle … until at least September because the District Court has indicated it will not even consider providing any relief until then.”
Approached for comment, Southwest Airlines responded to The Epoch Times by email.
“We don’t have any commentary to offer here.”
Acting U.S. Solicitor General Elizabeth Prelogar didn’t respond to a request for comment by press time.
Get two or three bags of airline snacks from the stewardess. SLOWLY suck the salt off one piece. Let the piece slowly dissolve in your mouth. Thoroughly chew that piece, then swallow. Take a sip of water to wash it down. That’s five minutes of “active eating.” Repeat 24 more times until the wheels touch down.
I wish he had a more compelling argument than, ‘I want to take a plane ride.’
Granted, he’s DOING something about it, so I’ll just pipe down now, LOL!
“People who have been fully vaccinated against SARS-CoV-2, the virus that causes the disease COVID-19, are still required to be masked while using such transportation networks, consistent with CDC guidelines.”
which means it was all a scam.
Slow mastication frustrates the maskerbators. LOL!
Truly, LOL. Good one.
In a free country should you really need a more compelling argument?
Put your ball cap over your face to block out the light and they can’t see you with your mask only half way on.
Good luck with that slow eating routine. The flight crew will just order you to stop eating and put your mask on. You are legal obligated to obey that order under USC code the penalty for disobedience of that order is a fine of up too $35,000 per incident which means refused twice in the same flight get two felony level USC code violations. The FAA has already fined passengers 10,000 on multiple occasions. I personally have seen people try the slow BS eating ploy every time the flight crew simply said please deposit the food item in the trash and wear your mask or face FAA fines and arrest in landing. Every person complied why because the flight crew has absolute legal authority to order you to do any activity they desire they ha w 100% indemnity from the FAA and the TSA. sorry but you are wrong and will get people heafty fines for acting like a spoiled child eating their broccoli. I fly 25+ times per year not once have I seen the eating slowly work NOT ONCE the flight crew know that trick and stop it post haste. The only hope is Thomas takes this case and cuts that indemnity off at the Supremes level otherwise the flight crew has complete power the passenger is cattle read the contract of carriage if you doubt this and also read the relevant USC codes for disobedience to a flight crew the code doesn’t have exemptions for hurt feelings they speak you listen and comply or face arrest and massive fines the law says obey first file a complaint later if they even take the complaint at the FAA level.
IDK, my kids proceeded to eat and entire 12 pack of pop tarts on Long Flight, successfully !!
Can they stay the mandate by tomorrow morning when I head to the airport, please.
IDK, my kids proceeded to eat and entire 12 pack of pop tarts on Long Flight, successfully !!
“which means it was all a scam”
Yes it is and Dr. David Martin explains how they did it.
https://odysee.com/@FwapUK:1/A-manufactured-illusion.-Dr-David-Martin-with-Reiner-Fuellmich
Mere disobedience isn’t enough for a felony. Read 49 USC 46504. That’s the applicable criminal code. It requires an assault or intimidation. The elements are very clear along with a mountain of case law.
14 CFR § 121.580, 14 CFR § 135.120 and 14 CFR § 91.11 are much broader. Mere interference is enough. Repeated Disobedience can constitute interference. However, violations of these regulations aren’t felonies. They are handled through civil assessments. Read 14 CFR § 13.14 and 14 CFR § 13.16.
You aren’t a lawyer. Don’t pretend to be one.
Lower standard of proof for civil...that’s why most Federal “order” and “regulation” violations are handled in that venue.
” “which means it was all a scam”
Yes it is and Dr. David Martin explains how they did it.
https://odysee.com/@FwapUK:1/A-manufactured-illusion.-Dr-David-Martin-with-Reiner-Fuellmich“
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There is no content at the above clickable address.
No. The right to travel is an essential part of the right to liberty, as guaranteed by the Fifth Amendment.
Totally depends. I got away with it last time, but it was a red-eye flight - dark, and I pulled the mask back up whenever a flight attendant started walking down the aisle. I was also sitting in first class, don’t know if that has anything to do with it.
I imagine it’s a people thing. I’m sure a lot of flight attendants don’t enjoy being mask police so do the minimum amount of enforcement they can get away with. However, I also have no problem believing there are petty tyrants amongst flight crews who absolutely love all this.
Can millions of Americans join in this Emergency Application?
We’ve cancelled two (long flight) trips, due to the mask absurdity.
Anybody who hasn't figured this out already, is slow coming to the party.
Of course, it is a scam. To instill fear into the public in order to control their behavior. Manipulation of the population is what it is all about.
And unfortunately, they have done a pretty good job at accomplishing that.
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