After lifting of mandate, MTA requires masks, MacArthur doesn't

A federal court ruling striking down a national mask mandate for air travel and public transportation systems has led to a scattershot response across the region.

Long Island MacArthur Airport, commercial airlines, Amtrak, and Suffolk buses all announced that masks are now optional. But New York City's airports, along with the Metropolitan Transportation Authority and the Nassau Inter-County Express bus network, are keeping required masking rules in place.

The result of Monday's ruling by U.S. District Judge Kathryn Kimball Mizelle — which has the effect of shifting decisions over transit masking mandates away from the federal government — was a hodgepodge of messages Tuesday for commuters and travelers on Long Island and throughout the area.

Passengers may be required to wear a mask in New York City airports but can remove it once on board. But at Long Island MacArthur Airport: "The decision is yours. Whatever makes you comfortable," said Caroline Smith, spokeswoman for Islip Town, which runs the airport.

In a statement Tuesday night, United States Justice Department spokesman Anthony Coley said the Biden administration would appeal the judge's ruling if the Centers for Disease Control and Prevention determines that a "mandatory order remains necessary for the public's health."

Despite the court ruling, which said the CDC overstepped its authority in issuing the original masking order, Gov. Kathy Hochul on Tuesday pointed to a steady increase in cases in recent weeks as a reason to keep the public transit mask mandate.

"While Long Island is good, it is much higher than it was just a couple of weeks ago," she told reporters in Hempstead at an event to discuss infrastructure initiatives. " … We are going to keep that in place, at least for the time being, so people on public transit feel safe."

The CDC this week elevated Nassau's COVID "community level" risk from "low" to "medium," citing increased case numbers. Nassau residents at risk for severe illness, the CDC said, should talk to their doctor about the need to remain masked. Suffolk's CDC risk status remains "low."

Hochul's mandate, derived from state Department of Health guidance, also remains in place for the PATH System, the Port Authority Bus Terminal, George Washington Bridge Bus Station and World Trade Center transportation hub. The Port Authority said masks will continue to be required at LaGuardia and Kennedy airports and Stewart International Airport in upstate Orange County.

But based on New Jersey public guidance, masks are optional at Newark Liberty International Airport and Teterboro Airport, the Port Authority said.

“The Port Authority will continue to follow the guidance of the New York and New Jersey public health authorities with respect to mask mandates at its public transportation facilities," the agency said in a statement.

At MacArthur, "masks are optional, and we welcome our customers to decide for themselves," Smith said. 

Asked whether Hochul's masking mandate still applies to the airport, Smith said by email: “We are awaiting further guidance from NY State."

Major airlines have largely ditched the masking requirement.

American, Delta, JetBlue and Southwest Airlines all issued statements indicating masks were optional on domestic flights. The rules could be different for select international flights, airlines said.

Many travelers at MacArthur — served by both American and Southwest — said Tuesday they felt relieved the mandate was lifted, as more than half of travelers appeared to opt out of wearing face coverings.

“I think it should be my choice and I’m glad they lifted it,” said Kathy Leppla, of Hauppauge, who was traveling to Florida to pick up a relative, and then on to Nashville for vacation.

But former Deer Park native John Engelthaler chose to play it safe by wearing double masks on his flight Tuesday from Florida.

“It’s all about thinking of others," Engelthaler said.

Earlier Tuesday, White House press secretary Jen Psaki told reporters aboard Air Force One, as President Joe Biden headed to New Hampshire to tout his infrastructure agenda, that the Justice Department and other federal agencies were reviewing the court's decision to determine the next steps.

"Public health decisions shouldn't be made by the courts. They should be made by public health experts," Psaki said, adding that the CDC continues "to encourage people to wear masks in public transit."

Biden, asked by reporters Tuesday if Americans should continue to wear masks, said "it's up to them."

Dr. Frederick Davis, associate chair of emergency medicine at Northwell Health, said the end of the mandate will likely cause an uptick in COVID-19 cases and other contagious bugs.

"In cases of mass transit, where people are closer together without a mask, we can expect to see an increase in not only cases of COVID, but viral illnesses as well," Davis said, adding that he recommends masks on public transportation for the elderly and immunocompromised.

The split over masking extended to the rails.

New Jersey Transit and Amtrak, the latter of which is run by the federal government, announced that passengers and employees are no longer required to wear masks while on trains or in stations.

But the Metropolitan Transportation Authority said Monday night that masks will continue to be required at Penn Station and aboard the Long Island Rail Road, Metro North trains and on subways.

In a statement, MTA spokesman Tim Minton said the agency was relying on March 2 guidance by the New York State Health Department that extended the mandate "on public transportation conveyances and at transportation hubs … regardless of vaccination status."

Data provided by the MTA shows enforcement of the mandate has declined significantly from the early days of the pandemic, when conductors issued hundreds of verbal warnings and distributed hundreds of masks to passengers each day.

The last time a passenger was asked to leave a train for not wearing a mask was Dec. 14, 2021, and the most recent summons for refusing to put on a mask was Dec. 10, 2021, according to the data.

"We continue to believe that New Yorkers will do the right thing to support their neighbors and fellow riders, as they have been all along," Minton said. "The point of having fine and enforcement capability is not to be writing tickets and have confrontations. It's to … incentivize people to do the right thing."

The labor union representing MTA employees said it backed the decision.

"We support continuing the mask mandate on subway trains and buses to keep both riders and transit workers safe," said Transport Workers Union Local 100 President Tony Utano.

A lack of uniformity after the ruling was evident in other places Tuesday.

Both Uber and Lyft announced that masks were now optional for drivers and riders. The ride sharing services said anyone who wanted to continue masking was encouraged to do so and drivers or riders could cancel trips at any time. Masks are still required in New York City taxis and for-hire vehicles. 

Suffolk County Transit buses and paratransit vehicles will also no longer enforce the mandate, said county spokeswoman Marykate Guilfoyle.

But Mark Smith, spokesman for the NICE Bus system, said masking was still required based on state Health Department guidance.

Nassau Executive Bruce Blakeman, who campaigned against mask mandates, said the "county is not in crisis. Our hospitalization rate remains low, and most who are getting sick are experiencing cold-like symptoms."

Statewide, COVID-19 positivity rates crept to 5.3% on a 7-day average while the rate on Long Island was 5.5%, with 388 new cases in Nassau and 323 in Suffolk, according to the latest data from the state. There were 48 virus-related deaths between Friday and Monday — data was delayed because of the holidays — including four each in Nassau and Suffolk, according to the Health Department.

Medical experts have said the numbers are a vast undercount on Long Island, as well as throughout the state, since most people are testing at home and not reporting positive results to the state.