Paxton sues CDC over federal mask mandate for public transportation, 'Biden's repeated disregard'

Texas Attorney General Ken Paxton filed a federal lawsuit against the Centers for Disease Control and Prevention (CDC) on Feb. 16 in an effort to stop the federal mask requirement on planes.

The complaint, which also lists U.S. Rep. Beth Van Duyne (R-Irving) as a co-plaintiff, is another effort by predominantly conservative Texas to dismantle COVID-19 safety measures, according to The Texas Tribune.

“Biden’s repeated disregard of the individual liberties of Texans is not only disrespectful to the U.S. Constitution, it is also troublesome that any president thinks they can act above the law while hardworking Americans standby,” Paxton, a Republican, said in a statement issued by his office. “President Biden cannot continue governing through executive edicts.”

Van Duyne's congressional district includes Dallas-Fort Worth International Airport, the country's second busiest and the world's fourth-busiest airport by passenger traffic.

In early 2021, the federal government implemented the mandate requiring passengers using public transportation services or facilities to wear masks.

The lawsuit asserts the mandate is a “restriction on travelers’ liberty interests,” The Texas Tribune reported.

Van Duyne, who’s also a Republican, explained in the original petition that she wouldn’t wear a mask if it’s not required.

The lawmaker logged 80 flights a year, according to The Texas Tribune.

She was assessed a $500 fine for violating the U.S. Capitol’s mask policy a second time last summer.

Texas Public Policy Foundation attorney Matt Miller is lending Paxton and Van Duyne a hand in the litigation.

“The CDC has no authority to make rules that limit the freedom of millions of travelers without any evidence in the hopes it may have some preventative effect,” Miller told the Austin American-Statesman.

With air travel attempting to return to pre-COVID-19 pandemic levels, there’s has been an uptick of “air rage” incidents, with several purportedly due to the mask requirement.

An Association of Professional Flight Attendants survey revealed that 85% of flight attendants within the last year experienced encounters with unruly passengers, according to the website People’s World.

Flight Attendants/CWA Sara Nelson testified before a panel on Capitol Hill that 73% of the 4,284 air rage incidents confirmed by the Federal Aviation Administration stemmed from passengers’ refusal to wear masks.

The CDC hasn’t provided a response to the Texas lawsuit.