Uber is the first ride-sharing service to announce it is lifting its coronavirus mask mandate for drivers and passengers after a federal judge in Florida struck down the order the Joe Biden administration put it into affect in the first days of his presidency, as Breitbart News reported.
One day after taking office, Biden issued Executive Order (EO) 13998, ordering the Centers for Disease Control and Prevention (CDC) to develop the Mask Mandate, and for various other federal agencies like the Federal Aviation Administration (FAA) and Transportation Security Administration (TSA) to implement the CDC’s decisions. EO 13998 also covered airports and other public transportation, such as buses.
Monday’s ruling was on one of the earliest cases, filed in July 2021. The lawsuit alleged that the Mask Mandate violated the Administrative Procedure Act (APA) on three separate grounds: First, that issuing the order is beyond CDC’s statutory authority granted by Congress in 42 U.S.C. § 264a. Second, that the CDC’s action was really a rule (i.e., a regulation) rather than an order, and therefore had to go through a process of public notice and opportunity for public comment before taking effect. And third, that it violates the APA because it is “arbitrary and capricious,” meaning that it was not the result of reasoned decision making.
Judge Kathryn Mizelle is a President Donald Trump appointee.
ABC reported on the change, which went into effect on Tuesday:
On its website, the company said, “riders and drivers are not required to wear masks when using Uber. However, the CDC still recommends wearing a mask if you have certain personal risk factors and/or high transmission levels in your area.”
It also updated its front-seat policy.Uber passengers will no longer be required to sit in the back seat. However, the ride-share company still encourages people to stay in the back if the size of their passenger group allows them.
The article noted the ride-sharing company Lyft still had its mask mandate in place as of Tuesday morning.
On its website, Lyft said, “Before riding or driving with Lyft, you must agree that you’re symptom-free, and will follow CDC guidance related to COVID-19, including wearing a face mask that covers your mouth and nose.”
Ahead of the official change of course, a number of U.S. airlines had already made masks optional, including Delta, American Airlines, United Airlines, Southwest Airlines, Alaska Airlines, and JetBlue.
Amtrak, a federally chartered corporation, also announced it will no longer make passengers and staff wear masks.
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