Live updates: Mask mandate changes on planes, trains, cabs and more

The Justice Department is making moves to reinstate the federal mask mandate on public transportation, acting on the advice of the Centers for Disease Control and Prevention, which believes the mask requirements should stay in place.

People CBS2's Dick Brennan spoke to are willing to follow the rules, if only the rulebook was consistent.

"You know, you get confused," said Sandra Ramos, of Westbury. "Make up your mind. Either you're gonna wear it or not."

"It's too fluid. It changes," Harlem resident Ricardo Tracy said. "I don't feel like it has any base to it."

Two days after a federal judge struck down the mask mandate, the CDC advised the Justice Department to appeal the ruling.

New polling finds 56% of Americans support mask requirements for travel.

Bus travel poses the highest risk for COVID exposure, followed by train travel.

"Public health has to come first, and in terms of masking, it's so easy," Upper West Side resident Julia Cartwright said.

Medical experts say even though aircraft have exceptional circulation that's filtered every two to three minutes, people with suppressed immune systems are still especially vulnerable.

"Those people will have more of a difficulty going out in public with the potential of being exposed, they can get very ill," CBS medical consultant Dr. Davis Agus said.

The mask mandate triggered many disputes on airlines, some that led to out-of-control brawls.

Now the FAA has announced its COVID-era zero tolerance policy against unruly passengers is permanent. The agency says the $2 million in fines it leveled this year alone helped dramatically reduce the fighting.

Regarding the mask appeal, the Justice Department has not yet asked for a stay of the lower court ruling. If a stay was granted, it'd automatically reinstate the mandate.

If they do ask for a stay, a judge could rule on that in a matter of days.

The Centers for Disease Control and Prevention asked the Justice Department on Wednesday to appeal the ruling that voided the federal travel mask mandate.

This clears the way for the DOJ to officially file an appeal.

The CDC released the following statement:

"To protect CDC's public health authority beyond the ongoing assessment announced last week, CDC has asked DOJ to proceed with an appeal in Health Freedom Defense Fund, Inc., et al., v. Biden, et al. It is CDC's continuing assessment that at this time an order requiring masking in the indoor transportation corridor remains necessary for the public health. CDC will continue to monitor public health conditions to determine whether such an order remains necessary.  CDC believes this is a lawful order, well within CDC's legal authority to protect public health.

"CDC continues to recommend that people wear masks in all indoor public transportation settings. CDC's number one priority is protecting the public health of our nation. As we have said before, wearing masks is most beneficial in crowded or poorly ventilated locations, such as the transportation corridor. When people wear a well-fitting mask or respirator over their nose and mouth in indoor travel or public transportation settings, they protect themselves, and those around them, including those who are immunocompromised or not yet vaccine-eligible, and help keep travel and public transportation safer for everyone."

Mask confusion continued Wednesday as commuters had to navigate the morning by remembering where they had to wear a mask and where they could take it off if they wanted to.

CBS2's Alice Gainer breaks it all down.

With COVID-19 cases on the rise in New York, Gov. Kathy Hochul held a news conference on Wednesday, urging people to mask up on mass transit. She noted there are plenty of home tests available for people who want them, while pointing out that people testing at home don't always report their results.

"There's a gap in information, so we're gonna continue providing the test kits, which is good, but we also know we don't have a clear picture of what's going on," Hochul said.

READ MORE: TSA won't enforce transit mask mandate for now after judge voids it

"If we hadn't seen these two variants I suspect we would've been able to say goodbye to masks in all settings, but, you know, we watch for variants as they come and now we're starting to see cases and hospitalizations go up," Hochul said.

But, she added, "This is very much in the short term."

Though nationally Uber and Lyft joined all U.S. airlines and Amtrak saying masks are now optional, that's not the case here in New York City.

Masking up is required in your ride-share vehicles and yellow cabs, and also on subways, Metro-North, the LIRR, and also PATH trains.

NJ TRANSIT, like Amtrak, is optional.

The Biden administration says it will appeal a judge's ruling that struck down mask mandates on airplanes and public transit if the Centers for Disease Control says the mandate is still necessary.

"You're a lot safer if everyone is masking," said Dr. Tom Frieden, a former director of the CDC. "Unfortunately, if you're immunosuppressed or otherwise medically vulnerable, flying just got less safe. If other people around aren't masked and if you're immunocompromised, older, then up your mask game to an N95. It's not perfect, but it's more protective than a cloth mask or a surgical mask."

Many cellphone videos out Tuesday showed passengers and some flight attendants cheering the end of mandated masks on planes, as all major airlines made it optional once the TSA said it would no longer enforce it.

But a new poll by the Associated Press and NORC found 56 percent of Americans favor mask requirements on planes, trains, buses, and other public transportation.

Though people Gainer spoke to said they are tired of wearing them, they added it's really not a big deal to put a mask back on if needed.

"I don't mind wearing them if that's what it takes to keep people safe," said Jordan Ferguson of Hell's Kitchen.

"I'm not planning to fly anytime soo, but if I were to fly I'd probably wear a mask still," said Dave Wheeler of Vermont.

"Sometimes I do wear a mask. Other times, I don't want to," added Jen Johnson of Hell's Kitchen.

"It is a relief, it is. But it's still stressful, because people now are upset that nobody is wearing a mask. So darned if you do, darned if you don't," Jill Irons said.

Once you're off planes in our area and in the airports like John F. Kennedy or LaGuardia, you need to put your mask back on.

Be sure to carry one with you just in case.

Former CDC Director Dr. Tom Frieden tells CBS Mornings unmasking "doesn't make a lot of sense" right now with cases on the rise.

It's a state of mask confusion in New York City, as federal mask mandates have been put on hold by a judge's ruling. 

As of now, masks are required in some local airports and trains, but not others. And that's just the beginning. 

CBS2's John Dias reports on the morning rush at Oculus in the Financial District. 

Just one day after the ruling that ended the mask mandate on planes and public transportation, there's word that an appeal could already be in the works.

The Justice Department is waiting to hear whether the CDC believes masking is still necessary for travelers, and that's only leading to more mixed messages on whether or not you need to mask up.

For some, it was a reason to cheer on airplanes around the country, sparking some impromptu celebrating. The feeling was the same for many arriving passengers.

"Thinking that we were back in 2019," Long Island City resident Jovanka Zivkovic said.

"Normal times?" CBS2's Dick Brennan asked.

"Yes," Zivkovic said.

But wait -- if your plane lands at Kennedy or LaGuardia, put the mask back on. They are still required as you walk through the airport.

The head-spinning new rules have fliers keeping their masks and scratching their heads.

"It makes absolutely no sense. You could be on the plane without the mask, which is normal, you take your precautions, but you can't get on a cab, you can't walk through the airport, you can't get on the subway. It makes no sense," Astoria resident Costantine Gurlekis said.

Uber and Lyft say no more masks, but only outside New York City. In the city, you still have to mask up. It's the same for Yellow Cabs.

Not all travelers were ready. Richard Streim was getting in a cab without a mask.

"We came from Miami. We haven't been wearing masks for a long time," he said.

Confused yet? Well, what about in Penn Station?

On Amtrak and NJ TRANSIT, masks are optional, but on PATH trains and the MTA, including subways, Metro-North and LIRR, keep them on.

Speaking of mixed messaging, when asked if people should continue to wear masks on planes, President Joe Biden said, "It's up to them."

But later, the president's Justice Department said if the CDC still believes masking is necessary, they will appeal the federal court ruling which struck down the mandate.

That means everything could change again.

Flight attendant Jill Irons is ready for anything.

"It is a relief, it is, but at the same time, it's still stressful because people now are upset that nobody's wearing them, so darned if you do, darned if you don't," she said.

The Justice Department said Tuesday it will not appeal a federal district judge's ruling that ended the nation's federal mask mandate on public transit unless the Centers for Disease Control and Prevention believes the requirement is still necessary.

In a statement released a day after a Florida judge ended the sweeping mandate, which required face coverings on planes and trains and in transit hubs, Justice Department spokesman Anthony Coley said officials believe that the federal mask order was "a valid exercise of the authority Congress has given CDC to protect the public health." He said it was "an important authority the Department will continue to work to preserve."

Coley said the CDC had said it would continue to assess public health conditions, and if the agency determined a mandate was necessary for public health, the Justice Department would file an appeal.

A big question in New York City: Will a mask mandate be needed again if case numbers continue to climb?

That was top of mind Tuesday as Mayor Eric Adams met with health officials. 

Adams did not mention reinstating the indoor mask mandate for the city, but the health commissioner told CBS2 they're not going to be doing that right now, only continuing to strongly recommend it. 

New York City Health Commissioner Dr. Ashwin Vasan says sometime within the next couple of days, the city's alert level will jump from low to medium as COVID cases continue to rise. 

Monday, the daily average number of cases was 2,210 for the last seven days. Tuesday, it's 2,264. 

PCR and antigen tests are used to calculate the new daily cases per 100,000 people, but many people now take at-home tests, and don't report the results. 

The commissioner acknowledges that's just a sample, and claims it's not unusual. 

"We've never aimed to measure every single case in the city. Just like you don't measure every single raindrop to estimate the amount of rain we're going to get as a city, right? We have a few sites across the city," Vasan said. "We have enough testing happening in the city to get an overall sense of the pandemic."

Though they're not mandating it, Vasan says they're strongly recommending people wear masks indoors. 

"Especially when you don't know the vaccination status of those around you. But really, in all indoor settings, wear a high filtration mask an N95 a KN95 or a KF94 which has shown to work to prevent transmission of COVID-19," Vasan said. 

"We are now in a phase of the pandemic where we have put the onus entirely on those who are immunocompromised to protect themselves," said Dr. Celine Gounderm NYU Grossman School of Medicine & Bellevue Hospital infectious disease specialist, epidemiologist. 

Gounder says access to those specific masks is crucial. 

"Many immunocompromised people don't even know they're immunocompromised. Many Americans are obese and have Type 2 diabetes which causes a milder form of immunocompromise," Gounder said. 

Some businesses say if a mask mandate were to come back, they'd worry about customers coming in. 

"I did think that if the mandate came back, me, personally, I think people are going to want to stay home. No one's going to want to come out and eat. Doesn't make any sense to come out if there's something out there that's gonna hurt you," said Mark Grillo of Vintner Beer & Cheese. 

"It significantly scares people. People are reluctant to sit inside," said James Powell of Lily's Craft & Kitchen. 

But others say: Bring it back. 

"I think we still need it the mask," one person said. 

A reminder: A business can ask you to put on a mask if they want to.

And still, the number one recommendation Vasan says is to get vaccinated and boosted as cases are rising. He says we're experiencing a new wave. 

The court ruling to strike down the mask mandate forced Tri-State Area agencies to quickly re-evaluate their own policies.

As CBS2's Christina Fan reported Tuesday, the patchwork of responses is confusing commuters.

Inside New York Penn Station, to wear or not wear a mask depends on what train you're planning to board.

"It's a little complicated," one rider said.

"I feel like it's very contradictory. There is a lot of hypocrisy involved," another said.

"I got my mask here just in case," another added.

The federal mask mandate is no more, but what it has led to is a set of individualized rules for each operator.

On Amtrak and NJ TRANSIT, masks are optional. But on PATH trains and the MTA, you must keep them on.

For one group of friends headed to a Mets game, it was a confusing ride.

"Even today, I came here from New Jersey, you need a mask, but you take the subway and you have to wear a mask for the subway," said Chris Fountaine of Manalapan.

Rules are also complicated when it comes to taxis and ride-share. Masks are required for yellow cabs, but they are not for Ubers and Lyfts, except for when the ride is in New York City.

"In the beginning, I looked at those without the mask as crazy. Now I look at those with the mask as crazy," NJ TRANSIT rider Avi Shilon said.

"I've had COVID so many times, I don't even think it matters anymore," another person said.

READ MORE: Facing a rise in cases, NYC considers bringing back local mask mandates   

While some burst into song at the thought of finally unmasking, transportation hubs were still filled with the overly cautious.

"I have a relative who came down with the illness, so I'm just watching out for them," one person said.

"I mean, I still feel like the cases are still going up. I think we should all still be wearing a mask," another said.

The numbers are trending up. In New York City, the daily average number of infections for the last seven days is more than 2,000. The city's Department of Health is worried those numbers could actually be higher because many people are testing at home and not reporting results.

Major U.S. airlines are now allowing passengers to go maskless following a judge's ruling. 

As one airline tweeted, "To mask or not to mask: The choice is yours." 

As CBS2's Natalie Duddridge reports, as for airport terminals, it still depends on what state you are in. 

At Newark Liberty International Airport, masks are not required, though there remain signs that says they still are, which is a bit confusing for travelers, who shared mixed reviews. 

"It's a relief for me. I don't really like wearing masks anyway," said Milwaukee resident Michael Bock. 

Bock was happy to share his bare face following his flight from Milwaukee. 

Other travelers are still being cautious. 

"I'm going to visit my cousin. She just had a new baby. So out of respect for them I'm wearing the mask," one traveler said. "If I wasn't going to see a brand new baby I probably wouldn't be wearing." 

One by one, major airlines announced an end to mask mandates, starting Monday, leading to cheers on board. 

Peter Lewis was on a flight from Los Angeles as the news came across. 

"We were flying. Midair they just announced it. Half the people were like 'woo hoo,'" Lewis said. 

The mask mandate was originally set to expire Monday, but the CDC extended it two more weeks over concerns about the recent rise in BA.2 variant cases. 

A Florida federal judge appointed by former President Donald Trump ruled the mandate exceeded the authority of the CDC, which did not come as welcome news for the Biden administration. 

"This is obviously a disappointing decision. the CDC continues recommending wearing a mask in public transit," White House Press Secretary Jen Psaki said. 

The TSA will no longer enforce the mandate. Instead, masking is up to airlines and airports. Inside Newark and Teterboro, face coverings are not required. But at JFK, LaGuardia and Stewart Airports, they are. 

Once away from the gate, it's up to the airlines. They've been saying for months their air filtrations and increased immunity made the mandate unnecessary. 

Still, travelers are mixed. 

"Everyone who sat next to me had their mask on, even though they announced it was optional," one traveler said. 

"Seventy percent not, thirty percent wearing 'em. It's your choice," traveler Sean Smyth said. 

Airlines say you should still carry a mask in case it's required at your destination, especially if you're traveling internationally. 

Alaska Airlines said passengers who had been banned from traveling over egregious behavior and their refusal to comply with the mask mandate will remain banned, even though the mask policy has since been rescinded. 

The Port Authority of New York and New Jersey has just issued new mask guidance. According to the Port Authority: 

Per current New York public health guidance, the mask mandate remains in effect for the following New York facilities:

·         Port Authority Midtown Bus Terminal

·         George Washington Bridge Bus Station

·         World Trade Center Oculus Transportation Hub

·         LaGuardia Airport

·         JFK International Airport

·         New York Stewart International Airport

Per newly issued New Jersey public health guidance, the mask mandate has been lifted for the following New Jersey facilities, but masks are now optional and welcome for all who choose to wear them:

·         Newark Liberty International Airport

·         Teterboro Airport

The mask mandate remains in effect for the interstate PATH System (including stations and platforms with the exception of open-air platforms).

Despite Uber and Lyft saying drivers and riders no longer need to wear masks, New York City's Taxi and Limousine Commission says not so fast.

According to the TLC, masks are still required in cabs and other for-hire vehicles, including rideshares, in the city.

As CBS2's John Dias reports, many of the nation's largest carriers announced they will no longer require masks. As planes took off Tuesday at John F. Kennedy International Airport, passengers took off their masks, too.

"It's all about freedom," one passenger told Dias.

"I'm ready. I'm excited about it," said Dan Farrell, of Wantagh, Long Island. 

Farrell said he travels often for work, and since he's fully vaccinated, he's not too concerned about COVID.

"I'm just sick of the masks. It's about time," he said. 

He's not alone. Dubbed "National Unmasking Day" by some, cheers erupted on flights Monday after airlines one-by-one announced the end of the mask mandate. It's now up to airlines and airports to make their own choices. 

However, many travelers are still reluctant to remove their masks. 

"You're in a confined space, and the variant is still really strong," Harlem resident Keary Hanan said. 

"I personally will be wearing my mask until the end of time," another person added. 

"I'm ready to stop wearing a mask, but I don't know. It still seems a little early," said Shavonne Dargan, of Riverdale.

Infectious disease expert Dr. Celine Gounder says the CDC was going to let the mandate expire on its own in two weeks, if the new BA.2 variant was mild. 

"Another two weeks was really the appropriate, cautious approach here," she said. 

It's unclear if the Justice Department will try to block the ruling, but Gounder believes there will be an appeal to preserve certain powers for the future. 

"The real question here is: What does this mean for the CDC's power to reimpose a mask mandate? Say, if we have another big surge next fall or winter? Or say, we have another pandemic?" she said.

In the end, it may come down to individual travelers to decide -- mask or no mask? 

Dias said most people were still wearing them Tuesday as they came out of JFK Airport.

As CBS2's Elijah Westbrook reports, Amtrak and NJ Transit announced masks are now optional, and it appears folks have gotten the message. 

He and his camera crew saw several commuters not wearing one Tuesday morning. But not everyone is on board with the change.

The morning rush at Penn Station appeared to look a bit different if you paid close attention. Perhaps you may have noticed some uncovered faces. 

"Oh yeah, very comfortable," one man said as he got off his daily morning NJ Transit train into the city. "I'm good with everything."

It felt like two long years for some commuters having to wear one.

"Well listen, I have no mask on, and I'm happy," one person said. 

So much so, one rider started singing about how "amazing" the changes are. Other commuters found out as Westbrook told them.

But the morning rush wasn't as jolly for everyone. Many riders said they were airing on the side of caution, saying it's a bit too soon, especially given the uptick in COVID cases following the Easter weekend. 

"I'm going to keep mine on, just to be safe," NJ Transit rider Arthur Lee said. "Not just for me, but for other people also."

"I think it's too soon," another rider added.

The daily average number of cases for the last seven days is up more than 2,000, and it's increasing. It was over 1,800 last week, according to the city's health department. 

But those numbers could actually be higher, because many people are testing at home and not reporting the results. 

Due to the increase, Mayor Eric Adams says he wants to meet with his top health advisors to see if reinstating the mask mandate is something needed throughout the city. 

"I think it's still too soon. You know, viruses spread really fast while traveling," one person said.

"I think it's safer, right? Isn't it?" asked another.

Uber and Lyft recently announced customers will no longer need masks, but subway riders will still need to wear one.

Uber and Lyft say masks are now optional for riders and drivers.

Uber posted the following update after the announcement: 

"As of April 19, 2022, riders and drivers are not required to wear masks when using Uber. However, the CDC still recommends wearing a mask if you have certain personal risk factors and/or high transmission levels in your area.

Remember: many people still feel safer wearing a mask because of personal or family health situations, so please be respectful of their preferences. And if you ever feel uncomfortable, you can always cancel the trip."

Lyft shared:

"Masks are now optional while riding or driving with Lyft. We know that everyone has different comfort levels, and anyone who wants to continue wearing a mask is encouraged to do so. As always, drivers or riders can decline to accept or cancel any ride they don't wish to take."  

Gov. Phil Murphy says NJ Transit riders no longer need to mask up.  

"@TSA announced that it'll no longer enforce a mask mandate in public transportation settings. Masks will no longer be required on @NJTRANSIT & by South Jersey Transportation Authority," he tweeted. "Individuals may wear a mask based on personal preference, informed by personal level of risk."

These changes on the federal level come as New York City is seeing an uptick in COVID numbers after the holidays.

Mayor Eric Adams is meeting with his top health officials Tuesday at City Hall. They're expected to discuss whether to raise the city's risk level from low to medium and bring back indoor mask mandates. 

CLICK HERE for more from CBS2's Elijah Westbrook

Amtrak says passengers and employees are no longer required to wear masks, but anyone is welcome to do so.

"While Amtrak passengers and employees are no longer required to wear masks while on board trains or in stations, masks are welcome and remain an important preventive measure against COVID-19. Anyone needing or choosing to wear one is encouraged to do so."

The Metropolitan Transportation Authority shared the following statement with CBS2 on Monday night: 

"The mask requirement on public transit in NY remains in effect for now pursuant to a March 2, 2022 determination by the New York State Department of Health."

Most of the major carriers were quick to announce masks are now optional.

Alaska:

American:

Delta:

JetBlue:

United:

U.S. District Judge Kathryn Kimball Mizelle in Tampa struck down the Centers for Disease Control and Prevention's mandate for planes and other public transit, saying the requirement exceeded U.S. health officials' authority. 

The CDC still recommends masking on mass transit.

CLICK HERE for more from CBS News