Notice of Supplemental Authority (Travel Industry Letter) — Wall v. CDC (M.D. Fla., 2022-04-25)

Summary

Lucas Wall, the pro se plaintiff in Wall v. Centers for Disease Control & Prevention (M.D. Fla., Case No. 6:21-cv-975-PGB), filed this notice of supplemental authority on 04/25/22 for the motion for summary judgment against defendants CDC and HHS (Doc. 230), on the arguments that the FTMM and the ITTR are arbitrary, capricious, and an abuse of discretion. The authority is an April 8, 2022 letter to White House Coronavirus Response Coordinator Dr. Ashish Jha from Airlines for America, the American Hotel and Lodging Association, the U.S. Chamber of Commerce and the U.S. Travel Association. The letter asks the government to end pre-departure testing and the mask mandate for air travel. It cites $195.1 billion in international travel spending in the U.S. in 2019 and says such spending is still down 60% from 2019 levels.

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Case 6:21-cv-00975-PGB-DCI   Document 271   Filed 04/25/22   Page 1 of 5 PageID 7660
UNITED STATES DISTRICT COURT @
FOR THE MIDDLE DISTRICT OF FLORIDA —_s=-- “ey
ORLANDO DIVISION nc) we
to 1 ~ ¢ vN
ON C
Plaintiff, : Case No. 6:21-cv-975-PGB-DE1 e
v. : District Judge Paul Byron :
CENTERS FOR DISEASE : Magistrate Judge Daniel Irick

CONTROL & PREVENTION et al.,

Defendants.

PLAINTIFF’S NOTICE OF SUPPLEMENTAL AUTHORITY
RE [230] MOTION FOR SJ: 4 MAJOR TRAVEL & BUSINESS
GROUPS AGAIN DEMAND TERMINATION OF FITMM & ITTR

COMES NOW plaintiff, pro se, pursuant to Local Rule 3.01(i), and asks the Court
to please TAKE NOTICE of supplemental authority supporting my Motion for Sum-
mary Judgment Against Defendants CDC & HHS on Counts 1-12 of the Amended
Complaint. Doc. 230.

1. Citation: Letter from 4 Major Travel & Business Groups to The White House

(April 8, 2022)

2. Specification by Page of the Issue or Argument in the Earlier Paper that the
Authority Supplements: Doc. 230 at 14-21 (The FTMM is arbitrary, capri-
cious, and an abuse of discretion); Id. at 33-35 (The ITTR is arbitrary, capri-
cious, and an abuse of discretion).

3. “(Current public health trends require an updated approach for how health
Case 6:21-cv-00975-PGB-DCI   Document 271   Filed 04/25/22   Page 2 of 5 PageID 7661
measures should be applied to the travel industry. ... the high level of safety
on-board a plane due to effective ventilation and HEPA air filters, all support
the cessation of pre-departure testing and mask requirements for air travel.”

4. “Pre-departure testing is no longer an effective measure in protecting the
United States from COVID-19. Today, the U.S. has a high level of immunity
from vaccines, boosters, and infections. The BA.2 variant is currently the
dominant strain of COVID-19 in the U.S. and public health data suggest this
variant is less severe. While providing little health benefit, this requirement
discourages travel by imposing an additional cost and the fear of being
stranded overseas.”

5. “[S]ince the federal government does not require negative tests for entry at
our land-border ports of entry with Canada and Mexico, it no longer makes
sense to keep a pre-departure COVID-19 testing requirement in place for in-
bound international air travelers to the U.S. The science clearly supports lift-
ing the mask mandate...”

6. “While the public health benefits of these policies have greatly diminished,
the economic costs associated with maintaining these measures are signifi-
cant. ... Today, these measures are imposing significant costs on the traveling
public, airline employees, and the American travel and tourism industries.
We urge the federal government to eliminate these mandates, which will help
America reach its full economic potential by helping industries hit hard by the

pandemic to fully recover.”
Case 6:21-cv-00975-PGB-DCI   Document 271   Filed 04/25/22   Page 3 of 5 PageID 7662
Respectfully submitted this 22nd day of April 2022.

Lucas Wall, plaintiff
3601 Cosmos Way
The Villages, FL 32163

Telephone: 202-351-1735
E-Mail: Lucas.Wall@yahoo.com

CERTIFICATE OF SERVICE
I hereby certify that on April 22, I e-mailed this notice to defense counsel:

Stephen Pezzi
Stephen.Pezzi@usdoj.gov

David Wood
David.Wood@akerman.com

Sally Culley
sculley@rumberger.com

Kuen fyb S—

Lucas Wall, plaintiff
Case 6:21-cv-00975-PGB-DCI   Document 271   Filed 04/25/22   Page 4 of 5 PageID 7663
*AHLAll

AMERICAN HOTEL & LODGING ASSOCIATION

ofp «=U SS. TRAVEL

ASSO CIATION*

April 8, 2022

Dr. Ashish Jha

Coronavirus Response Coordinator
The White House

Washington, DC 20500

Dear Dr. Jha:

The travel industry has strongly supported federal policies necessary to combat COVID-19 and
keep travel moving safely, including a vaccine requirement to restart international travel as well
as pre-departure testing for entry into the United States and the federal mask mandate.

However, current public health trends require an updated approach for how health measures
should be applied to the travel industry. Hospitalizations and deaths have been falling since
mid-January and new cases are stable. These facts, along with the immunity provided by
vaccinations, boosters, and prior infections, as well as effective treatments and the high level of
safety on-board a plane due to effective ventilation and HEPA air filters, all support the
cessation of pre-departure testing and mask requirements for air travel.

Pre-departure testing is no longer an effective measure in protecting the United States from
COVID-19. Today, the U.S. has a high level of immunity from vaccines, boosters and infections.
The BA.2 variant is currently the dominant strain of COVID-19 in the U.S. and public health data
suggest this variant is less severe. While providing little health benefit, this requirement
discourages travel by imposing an additional cost and the fear of being stranded overseas. For
these reasons, many foreign governments, including those of Canada, the United Kingdom, and
the European Commission, have eliminated this requirement for international air travel.
Furthermore, since the federal government does not require negative tests for entry at our land-
Case 6:21-cv-00975-PGB-DCI   Document 271   Filed 04/25/22   Page 5 of 5 PageID 7664
Dr. Ashish Jha
April 8, 2022
Page 2

border ports of entry with Canada and Mexico, it no longer makes sense to keep a pre-
departure COVID-19 testing requirement in place for inbound international air travelers to the
WIS}

The science clearly supports lifting the mask mandate, particularly in the context of recent CDC
guidance, which found that the overwhelming majority of the U.S. population no longer needs to
wear masks indoors. Numerous studies and public health experts have demonstrated that
planes are among the safest of indoor environments due to the superior ventilation and hospital
grade air filters on commercial aircraft. Another critical factor is the widespread availability of
effective masks that can be worn by anyone who wishes to do so. Finally, the burden of
enforcing these requirements has fallen on airline employees for the past two years, oftentimes
creating challenging situations with frustrated passengers.

While the public health benefits of these policies have greatly diminished, the economic costs
associated with maintaining these measures are significant. In 2019, the World Travel and
Tourism Council found that total international travel spending in the U.S. was $195.1 billion,
accounting for 16% of U.S. tourism sector spending. However, today, the most recent data on
international travel from the U.S. Travel Association shows that spending on international travel
is still down a staggering 60%, compared to 2019 levels.

Simply put, the pre-departure testing requirement and the mask mandate no longer provide the
public health benefits they once did. Today, these measures are imposing significant costs on
the traveling public, airline employees, and the American travel and tourism industries. We urge
the federal government to eliminate these mandates, which will help America reach its full
economic potential by helping industries hit hard by the pandemic to fully recover.

Sincerely,

Airlines for America

American Hotel and Lodging Association
U.S. Chamber of Commerce

U.S. Travel Association


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