Grumpyaviator

No, it’s FAA regulation. “FAA regulations require all passengers comply with crew member instructions, lighted signs and placards”.

Laws require legislative action and executive approval and are enforceable by law enforcement agencies. Violators are entitled to due process, innocent until proven guilty, and then penalized.

Regulations are implemented by agencies and enforced by their agents.

We’ve already discussed this ad nauseam.

JamesNoBrakes

True, it's federal regulation.

rickair7777

If you think you can scoff the regs lightly, be sure to learn which FARs align with related federal criminal laws.

You might think you could blow off § 121.589 (carry on luggage rules), but section (e) of that would might easily align with 49 U.S. Code § 46504... which is worth up to 20 years in prison.

That's where people get in trouble, they have a conflict with something the FAA tells them to do, get a little froggy, and then its' FBI/DoJ.

Bahamasflyer

I sure hope Vyvianna Quinonez gets put behind bars for many many years for just that.

https://www.foxnews.com/us/southwest...ants-teeth-out

jmprdmpr

I am not a fan of this mandate whatsoever.
A bit of research found that an Executive Order is in fact a law and can only by overturned by another EO from another president.
https://www.americanbar.org/groups/p...cutive-order-/
So if I’m reading this right the wearing of masks on planes is in fact a federal law.
Please correct me if I’m wrong.

rickair7777

Not exactly. This is my rough take...

EO's are binding on the federal government, not directly binding on the people.

In the case of the mask EO, it's binding on TSA and/or FAA. It extends their regulatory/admin law duties to mask enforcement.

So you can't go to prison for not masking, admin law/FARs are civil penalty only, UNLESS backed by a matching but separate federal criminal law (some FARs are).

If the EO triggers some regulatory party foul, ie something about compliance with TSA/FAA regs, then you can be fined for that under existing regs. But there's no direct civil or criminal penalty for masking, the EO is leveraging existing rules about reg compliance.

That's why POTUS can EO masks on planes, because there's an existing fed regulatory structure there, but cannot EO nationwide masks at all times, in all places.

Meekrob

Unless you're Hawaii Judge, then you can just overturn any EO you don't like.

HIFLYR

I don’t think it actually says that. You cannot interfere with their dutys etc. They could not require you do something illegal etc.

https://www.law.cornell.edu/uscode/text/49/46504

TiredSoul

It’s not that hard to find:

https://www.transportation.gov/safet...ravel-guidance


https://www.transportation.gov/sites...e_Behavior.pdf

WhistlePig

#BadLegalTakes are some of the most entertaining buffoonery on this forum.