Tampa, FL – April 18, 2022. Federal Judge, Kathryn Kimball Mizelle granted Plaintiff’s Motion for Summary Judgement, ruling that “the Mask Mandate exceeds the CDC’s statutory authority and violates the procedures required for agency rulemaking under the APA.
The suit was filed by Health Freedom Defense Fund, Ana Daza, and Sarah Pope. Both Daza and Pope alleged they suffer from anxiety which is worsened by having to wear a mask. Both have been flying less as a result of the CDC’s mandate.
The CDC attempted to argue that masks are a form of sanitation and that they are statutorily authorized to make rules for this purpose. Judge Mizelle ruled that sanitation is limited to property, and stated that
the mandate curtails a person’s freedom of movement “in a way similar to detention or quarantine”. Furthermore, Judge Mizelle pointed out that the CDC has the power to limit a person’s travel between States only when a person is “reasonably believed to be infected”. The Court also disagreed with the Government's contention that they have the power to mandate masks under Interstate commerce.
Every allegation made by the Government to legalize their authoritarian mandate was shot down by the Judge and a thoughtful explanation within the Order. You can read the entire Order here
Since the beginning of this pandemic, AFLDS has publicly condemned mandates, including the Mask Mandate, as an authoritarian takeover of our rights. We are pleased to see the outcome of this case and believe that this can be used as positive law in future cases as we continue to regain our rights throughout the Country.
On Wednesday, April 21, 2022, the CDC filed an appeal against the ruling. AFLDS will be filing an amicus curiae brief in support of the appellees.