An Australian airport has filed a lawsuit to overturn ‘appalling’ mask regulations that remain in effect inside their facilities despite being repealed elsewhere.
The mask rule, according to Canberra Airport CEO Stephen Byron, is “discriminatory” and has no public health justification in the fight against Covid.
Mr Byron told ABC Canberra, “We’re not (seeking) damages; it’s only to make it plain that this is unconstitutional and goes beyond the Human Rights Act.”
‘It is discrimination with no legal foundation, no health justification, no data or evidence that this is required, and everyone knows and agrees on that.’
Mr Byron previously ordered Kerryn Coleman, the ACT’s chief health officer, until 5 p.m. Monday to withdraw the mandate or explain why the severe requirements must remain in place.
The mask laws are no longer in effect in cafés, restaurants, pubs, gyms, theatres, or retail establishments, but they are still in effect on all planes and within all airports across Australia.
After the airport’s attorneys filed a letter last week threatening legal action, Mr Byron said he was still waiting for answers from the ACT government on Monday morning.
Mr Byron told the Daily Mail Australia, ‘There is no indication the airport terminal is any more contagious than going to any nightclub or shopping district in Canberra.’
‘The mandate is reprehensible, unneeded, blatantly discriminatory, and unsupported by scientific evidence.’
Masks did prevent the spread of Covid-19 in communal settings, according to a study conducted by Stanford and Yale Universities in 2021.
However, there is no indication that airport terminal buildings provide a greater risk; a person walking through an airport can subsequently go to a store or pub without wearing a mask.
Mr. Byron clarified that he was not calling for masks to be removed off planes, only from airport facilities.
‘After all of the harm that has been done to the aviation industry as a result of border closures under COVID-19, the last thing we want to do is persuade people that flying is riskier than going to the shops, watching football, or going to the bar,’ he said.
He has also sought the endorsement of Australia’s chief medical officer, Professor Paul Kelly.
Anyone caught not wearing a mask when necessary in the ACT faces a fine of up to $8000 on the spot for minor offenses.
Before Covid vaccines were available to Australians, the ACT began requiring mask-wearing at Canberra Airport in January 2021.
‘Canberra’s vaccination rate over the age five is now 97.2 per cent,’ Mr Byron said.
‘Our industry was hardest hit by the pandemic when the borders closed.
‘We should have been one of the first when restrictions eased.’
The airport has argued the mask mandate in the terminal is a breach of human rights.
Solicitor Andrew Corkhill, of Quinn Emanuel lawyers, is acting for Canberra Airport.
‘The mandate creates a tangible stigma around attending Canberra Airport, sending the false message to would-be travellers that visiting the airport carries a greater risk than visiting other ACT premises that are not subject to mask mandates including pubs, nightclubs, strip clubs and brothels,’ Mr Corkhill wrote in the letter to the health department.
‘If you refuse to revoke the face mask mandate or otherwise provide a sufficient explanation for it, adversely affected airport workers and travellers may be compelled to commence legal proceedings against you in the ACT Supreme Court under the Human Rights Act.’
Mr Byron said an ACT government solicitor had promised a response would be provided ‘shortly’ but said the 5pm Monday deadline remains.
The government claims that the mask requirement in place at Canberra Airport and on domestic flights into and out of the ACT is compatible with a national approach agreed to by the Australian Health Protection Principal Committee and the Australian aviation sector.
‘While each jurisdictional government is responsible for enacting legislation to enforce these restrictions, they are currently consistent for passengers on all flights and in all airports across the country,’ a spokeswoman told the Daily Mail Australia.
‘According to the most up-to-date information and guidance, ACT Health will continue to examine the necessity for mandates in various circumstances.’
Dr. Coleman received correspondence from Capital Airport Group, according to the government.
‘The ACT Government Solicitors Office has been in charge of this. We have no additional comment at this time because it is a legal concern,’ the representative noted.
Mask laws remain in effect on public transportation in the nation’s capital, as well as in high-risk areas such as hospitals, nursing homes, and jails.
If Mr Byron’s demand is met, ACT will become the first state or territory to revamp mask wearing restrictions at airports.
‘I don’t believe any Australian airport terminals should have mask mandates,’ he told the Daily Mail Australia.
The Australian Airport Association is also lobbying for the mask requirements to be relaxed, claiming that they are not only confusing for travelers but also a hindrance for airport tenants trying to rebuild after the Covid disaster.