Autistic Florida Boy Airlines Supreme Court

Supreme Court To Consider Today 4-Year-Old Autistic Florida Boy’s Request To Block TSA Mask Mandate

The U.S. Supreme Court is considering at its conference today a 4-year-old Florida boy’s emergency application to stay the Transportation Security Administration’s ability to enforce the Federal Transportation Mask Mandate, which is in effect until at least March 18.

The application from Michael Seklecki Jr. (listed as M.S. in legal papers) of Sanford, Florida, who suffers from Autism Spectrum Disorder and can’t medically wear a face covering, is on the justice’s conference agenda today, one day after the Supreme Court halted the Occupational Safety & Health Administration’s vaccine or mask/test mandate for all companies employing at least 100 workers. Joining the request are his father, Michael Sr., and Lucas Wall of Washington, D.C., who also medically can’t wear masks.

Chief Justice John Roberts denied the application on Dec. 9 without comment. The three applicants resubmitted their request for a stay to Justice Neil Gorsuch, who referred it to the entire court for discussion at today’s weekly conference.

“The Supreme Court has been a beacon for liberty during the COVID-19 pandemic, including yesterday’s ruling enjoining President Biden’s attempt to force vaccinations on more than 80 million American workers or make them wear masks and endure weekly testing,” Michael Sr. said. “We’re hoping the justices will take a close look at our application today and put a stop to TSA’s mask mandate. A transportation security agency has no authority from Congress to dictate health measures, and the overwhelming scientific evidence shows that masks don’t stop the spread of coronavirus but harm human health.”

The Sekleckis must fly often between their home near Orlando and Boston for Michael Jr.’s specialty medical care. Wall has a ticket booked to visit his brother in Germany on Jan. 23, a trip that has been postponed numerous times since June 2021 because of the FTMM.

On Dec. 9, “Mr. Seklecki and M.S. flew home after M.S.’s stay at Boston Children’s Hospital … At the check-in counter, Delta Air Lines again refused to grant Mr. Seklecki a mask exemption due to Respondent Transportation Security Administration’s enforcement of the Federal Transportation Mask Mandate,” the applicants wrote Justice Gorsuch. “Delta granted M.S. a mask exemption. However, aboard the airplane, flight attendants harassed M.S. for not wearing a face covering and demanded Mr. Seklecki place a muzzle on his autistic child or deboard the aircraft.”

Michael Sr. explained several times that his son had been granted a mask exemption by Delta’s check-in agents, refused to place a mask on his son, and declined to exit the plane.

“The captain of the flight and a Delta customer-service supervisor came into the cabin to speak with the flight attendants,” the letter states. “After a delay, the captain confirmed M.S. had received a mask exception, and flight was then allowed to depart. This incident further demonstrates the need for a stay of the Federal Transportation Mask Mandate as requested in our emergency application.”

The Sekleckis and Wall complain that “TSA gives airlines, which are private corporations, complete discretion whether or not to grant an exemption to the mask mandate for medical reasons in violation of the Air Carrier Access Act. Every time Mr. Seklecki and M.S. fly for the boy’s critical out-of-state medical care, they must receive clearance from the airline.”

The Sekleckis have been banned by Frontier Airlines and harassed by Spirit Airlines because Michael Jr. can’t wear a mask. Wall, who has been battling the FTMM and seven airlines’ illegal discriminatory mask policies in court since June, was banned by JetBlue Airways for suing it.

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