ARLINGTON, Va. – The American Trucking Associations, along with the Louisiana Motor Truck Association, the Mississippi Trucking Association and the Texas Trucking Association, is suing the Biden Administration over its employer-based COVID-19 vaccine mandate.
The suit was filed late Tuesday in the U.S. Court of Appeals for the Fifth Circuit.
“To be very clear, ATA and its member companies support efforts to encourage all Americans to get vaccinated against COVID-19 – our trucks and drivers have been on the front line in fighting this pandemic since the beginning, moving personal protective equipment, test kits, the vaccine itself and much more as the country locked down, but we believe that the Biden Administration has overstepped its statutory authority in issuing this Emergency Temporary Standard,” said ATA President and CEO Chris Spear. “This standard arbitrarily picks winners and losers, and puts employers in an untenable position of forcing workers to choose between working and their private medical decisions, which is something that cannot be allowed.
“We told the administration that this mandate, given the nature of our industry and makeup of our workforce, could have devastating impacts on the supply chain and the economy and they have, unfortunately, chosen to move forward despite those warnings,” he said. “So we are now, regrettably, forced to seek to have this mandate overturned in court.”
Joining ATA in the lawsuit are the Food Marketing Institute, the International Warehouse Logistics Association, the National Association of Convenience Stores, the National Retail Federation, the National Association of Wholesaler-Distributors and the National Federation of Independent Business.
“We are asking the court to stay implementation of the mandate because we believe the Occupational Safety and Health Administration did not satisfy the statutory requirements for issuing this Emergency Temporary Standard instead of going through the proper rulemaking process,” said Nicholas Geale, ATA vice president of workforce policy. “A stay pending full review is essential to ensure our members can continue to keep the supply chain moving without the enormous disruptions this unlawful ETS will cause the trucking industry and our nation’s consumers – including the 80% percent of American communities that depend exclusively on trucks for their needs.”
A federal appeals court on Saturday temporarily halted the Biden administration’s vaccine requirement for businesses with 100 or more workers.
On Wednesday morning, the Truckload Carriers Association (TCA) offered its support of the lawsuit.
In a news release, TCA officials said the organization “will continue to work closely with, and fully supports the work being done by the ATA and our industry partners on behalf of the industry.”
“We are asking the court to stay implementation of the mandate because we believe the Occupational Safety and Health Administration did not satisfy the statutory requirements for issuing this Emergency Temporary Standard instead of going through the proper rulemaking process,” said ATA Vice President of Workforce Policy Nicholas Geale. “A stay pending full review is essential to ensure our members can continue to keep the supply chain moving without the enormous disruptions this unlawful ETS will cause the trucking industry and our nation’s consumers – including the 80% percent of American communities that depend exclusively on trucks for their needs.”
The Trucker News Staff produces engaging content for not only TheTrucker.com, but also The Trucker Newspaper, which has been serving the trucking industry for more than 30 years. With a focus on drivers, the Trucker News Staff aims to provide relevant, objective content pertaining to the trucking segment of the transportation industry. The Trucker News Staff is based in Little Rock, Arkansas.