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Kentucky AG joins other states in challenge of CDC transit mask rule

The lawsuit contends that the mask mandate exceeds the authority of the U.S. Centers for Disease Control and Prevention.

FRANKFORT, Ky. — Kentucky Attorney General Daniel Cameron joined 20 other states Tuesday to halt the federal government's requirement that people wear masks on planes, trains, ferries and other public transportation amid the coronavirus pandemic.

The lawsuit contends that the mask mandate exceeds the authority of the U.S. Centers for Disease Control and Prevention.

“With most states now relaxing their COVID-19 requirements, the CDC should follow suit and eliminate the mask mandate for airports, train stations, and other transportation hubs,” said Attorney General Cameron. “We believe the current mask mandate exceeds the authority of the agency, and the Biden Administration should end it immediately.”

A rule of the Centers for Disease Control and Prevention, effective Feb. 1, 2021, requires “the wearing of masks by people on public transportation conveyances or on the premises of transportation hubs,” according to the agency website. The rule has been relaxed somewhat, to end requirements for certain buses and so forth, but was recently extended until at least April 18 for domestic and international travel in general.

RELATED: US extends mask rule for travel while weighing new approach

Still, the states are pressing on with their lawsuit, which comes amid a partisan divide over the response to the COVID-19 pandemic and issues of government control versus individual rights.

Florida Attorney General Ashley Moody, a Republican and former Tampa judge, said in a news release that the travel mask mandates “are frustrating travelers and causing chaos on public transportation.”

That appears to be a reference to a spate of well-publicized confrontations between flight attendants and passengers over the mask requirement on commercial aircraft. It's not clear if these incidents are isolated or widespread, and if masks are the only issue.

The Atlanta-based CDC did not immediately respond to a phone call and email requesting comment on the lawsuit.

The lawsuit seeks to immediately halt the CDC travel mask rule and asks for costs and attorneys' fees. There have been similar lawsuits filed in individual states before this latest one.

Besides Kentucky, the states filing the new travel mask lawsuit as of Tuesday were: Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, Virginia, and West Virginia.

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