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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
HEALTH FREEDOM DEFENSE FUND, INC., ANA CAROLINA DAZA, and SARAH POPE,
Plaintiffs,
v.
JOSEPH R. BID EN, JR., in his official capacity as President of the United States, et al.,
Defendants.
Case No: 8:21-cv-1693-KKM-AEP
ORDER
CONCLUSION
"It is indisputable that the public has a strong interest in combating the spread of
[COVID-19]." Ala. Ass'n of Realtors, 141 S. Ct. at 2490. In pursuit of that end, the CDC
issued the Mask Mandate. But the Mandate exceeded the CDC's statutory authority,
improperly invoked the good cause exception to notice and comment rulemaking, and
failed to adequately explain its decisions. Because "our system does not permit agencies to
act unlawfully even in pursuit of desirable ends," id., the Court declares unlawful and vacates the Mask Mandate.
Accordingly, the following is ORDERED:
1. Plaintiffs' Motion for Summary Judgment (Doc. 48) is GRANTED on Counts I, II, and III. Defendants' Motion for Summary Judgment (Doc. 45) is DENIED.
2. The Court DECLARES UNLAWFUL and VACATES the Mask Mandate, remanding it to the CDC for further proceedings consistent with this order.
3. The Court directs the Clerk to TERMINATE President Joseph R. Biden, Jr., as a Defendant to this action, to ENTER final judgment in favor of Plaintiffs as prescribed in this order, and to CLOSE this case.
ORDERED in Tampa, Florida, on April18, 2022.
Kathryn Kimball Mizelle
United States District Judge
REFERENCES:
Challenge to Biden Federal Travel Mask Mandate
https://healthfreedomdefense.org/hfdf-lawsuits/federal-travel-mask-mandate/
HFDF and individual plaintiffs are challenging the Biden administration’s federal travel mask mandate for airlines and travel hubs because the executive branch does not have the power or authority to make law.
Case Documents:
- Complaint | Exhibit A | Exhibit B | Exhibit C — 07/12/21
- Motion to Transfer | Answer to Complaint — 10/13/21
- Response to Order to Show Cause — 10/15/21
- Response to Defendants Motion to Transfer — 11/08/21
- Defendants’ Notice of Filing Certified Administrative Record — 11/17/21
- Federal Register 1 of 5 | Federal Register 2 of 5 | Federal Register 3 of 5
- Federal Register 4 of 5 | Federal Register 5 of 5
- Amended Complaint — 12/31/21
- Response to Amended Complaint — 01/06/22
- Defendants’ Motion for Summary Judgment | Exhibit 1 | Exhibit 2 | Exhibit 3 | Exhibit 5 — 01/18/22
- Plaintiffs’ Response to Defendants’ Motion for Summary Judgment and Plaintiffs’ Cross-Motion for Summary Judgment — 02/17/22
- Plaintiffs’ Reply in Support of Cross-Motion for Summary Judgment — 03/31/22
- Court Ruling — 04/18/22
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