7 Airlines Now Trying To Dismiss Anti-Mask Lawsuit

Image: Woman covers a sneeze on an airplane. (photo via merteren/E+)
Image: Woman covers a sneeze on an airplane. (photo via merteren/E+)
Rich Thomaselli
by Rich Thomaselli
Last updated: 10:27 AM ET, Sun August 29, 2021

Seven U.S. carriers who have responded to a lawsuit by a man claiming the mask mandate on planes is illegal have all said the same thing - you're barking up the wrong tree.

Delta, Southwest, JetBlue, Alaska, Allegiant, Frontier and Spirit all generally shared the same opinion in trying to dismiss the suit, saying the man should be suing the federal government, which instituted the mask mandate, and not the airlines.

There is "no private right of action," lawyers for Frontier and Allegiant wrote to the court.

According to Business Insider, Lucas Wall, of Washington DC, in June filed the lawsuit, alleging that the airlines had violated the Air Carrier Access Act (ACAA). He said he has a medical condition that means he can't wear a mask and should be exempt from the federal mandates and airline requirements.

"The ACAA confers no private right to sue an air carrier," lawyers for Delta Air Lines, Alaska Airlines, Southwest Airlines and JetBlue Airways wrote in a joint motion to dismiss filed on Monday.

Frontier Airlines and Allegiant Air also filed a joint motion in US District Court in Orlando. Spirit Airlines filed separately.

Wall said the airlines were sidestepping the issue at hand, relying instead on technical arguments to try to dismiss his lawsuit.

"My rebuttal to that is that the DOT is not enforcing the law as it's required to do," he said in a phone interview.

Topics From This Article to Explore

Rich Thomaselli

Rich Thomaselli

Associate Writer

Rich Thomaselli is a 33-year writing veteran of newspapers, magazines, digital publications and more. He is an 11-time writing...

Get To Know Us Better

Agent At Home

Helping leisure selling travel agents successfully manage their at-home business.

Subscribe For Free

Agent Specialization: Group Travel

Laurence Pinckney

Laurence Pinckney

CEO of Zenbiz Travel, LLC

About Me
Agent At Home

Helping leisure selling travel agents successfully manage their at-home business.

Subscribe For Free

Agent Specialization: Group Travel

Laurence Pinckney

Laurence Pinckney

CEO of Zenbiz Travel, LLC

About Me

Become A Travel Expert

Upcoming Webinar
Selling Groups, family and Adventure TravelJune 7-8 2-5PM ETSelling Groups, family and Adventure Travel
Upcoming Webinar
Destination Leisure Travel ExpoOctober 11-12 2-5PM ETDestination Leisure Travel Expo
Upcoming Webinar
Culinary & Wellness Travel ExpoNovember 15-16 2-5PM ETCulinary & Wellness Travel Expo
Upcoming Webinar
Selling Groups, family and Adventure TravelJune 7-8 2-5PM ETSelling Groups, family and Adventure Travel
Upcoming Webinar
Destination Leisure Travel ExpoOctober 11-12 2-5PM ETDestination Leisure Travel Expo
Upcoming Webinar
Culinary & Wellness Travel ExpoNovember 15-16 2-5PM ETCulinary & Wellness Travel Expo