5
Children under two, people with disabilities who cannot wear
a mask, or workers for whom a mask would create a risk to
workplace health or safety are exempt from the mandate. See,
e.g., id. at 3, reprinted in S.A. 20. In addition, the Mask
Directives provide exceptions to the mask requirement for
“eating, drinking, or taking oral medications for brief periods,”
“for identity verification purposes,” or “while communicating
with a person who is deaf or hard of hearing.” See, e.g., id. at
2-3, reprinted in S.A. 19-20.
Airport and aircraft operators are required to notify
passengers of the mask requirements and ask them to put on a
mask if they are not wearing one. See, e.g., id. at 2, reprinted
in S.A. 19. Passengers who refuse to comply must be denied
boarding, removed from the aircraft or airport, and reported to
TSA. See, e.g., id. at 2, 4, reprinted in S.A. 19, 21; Security
Directive No. 1544-21-02 at 2, 4, reprinted in S.A. 23, 25.
These passengers may face penalties of between $500 to
$1,000 for first-time offenders and $1,000 to $3,000 for
second-time offenders. See TSA, Penalty for Refusal to Wear
a Face Mask, https://www.tsa.gov/coronavirus/penalty-mask
(last visited Nov. 14, 2021).
In a separate action, the Centers for Disease Control and
Prevention (“CDC”) issued its own order that also requires
passengers and employees to wear face masks in and on the
transportation system. See Requirement for Persons To Wear
Masks While on Conveyances and at Transportation Hubs, 86
Fed. Reg. 8025, 8029 (Feb. 3, 2021) (“CDC Order”) reprinted
in S.A. 11. The CDC Order and TSA Mask Directives overlap
in some respects, but there are differences. For example, while
they both permit removing masks for “brief periods” to eat or
drink, TSA’s directives additionally specify that masks must be
worn “between bites and sips” of food and drink. See, e.g., id.
at 8027; Security Directive No. 1544-21-02 at 3, reprinted in