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Texas Attorney General, Congresswoman Take CDC To Court To End Mask Requirements On Planes, In Airports

DALLAS (CBSDFW.COM) - Texas Attorney General Ken Paxton and Congresswoman Beth Van Duyne are taking the Centers for Disease Control and Prevention to court over airline face masks requirements.

They argue the CDC doesn't have the authority to impose mask mandates on commercial flights or in airport terminals.

At Dallas Love Field on Wednesday night, it's clear that a number of air passengers don't want to comply with the mask rules in the terminal.

Angel Massey just flew in from New Orleans and says the face mask she was required to wear made the trip intolerable.

"When we took off I had a severe panic attack and they got onto me for not having my mask on and I couldn't breathe, I'm like inhaling my mask," said Massey.

You can count Massey among members of the flying public ready to lose the mask at airports and on airlines.

It's been a year since an executive order issued by President Biden directed air travelers to follow CDC guidelines which recommended face coverings.

A lawsuit filed against the CDC by Paxton and U.S. Rep. Van Duyne seeks to overturn mask rules by arguing that the national public health agency "…provides no findings that show masks have limited the interstate spread of COVID-19."

In an interview with CBS 11 News, Congresswoman Van Duyne said her frequent travel to Washington opened her eyes to the challenges facing that only passengers but also flight crews.

"I'm on a planes it seems at least every other week if not every week and I can't tell you how many flight attendants I've talked to who have said they are exhausted," said Van Duyne. "They are sick of having to be mask police and they want to get back to their regular job and the people who are flying, the flying public is also sick of this."

Still, some passengers believe the masks do offer an extra layer of protection that they like having.

"They keep coming up with all these different strains I'd wear mine I'm pretty sure you're not gonna get in trouble for wearing one," said traveler Gabrielle Page.

"I still don't mind it on a plane everybody's in a tight space together they can be nice even if we're not doing it just to prevent COVID," said traveler Daniel Hussey.

The executive order requiring masks in airports expires the middle of next month.

It's unclear if it will be extended.

Van Duyne says she is seeking an expedited ruling on her lawsuit.

Love Field issued the following statement on the lawsuit:

"As a federal transportation hub, we are required to follow all TSA Security Directives and FAA regulations."

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