Masks On Planes: How The Culture Wars Make A Big Deal About Nothing

// A judge strikes down the requirement that everyone traveling on planes, trains, and buses must wear a mask.

The Twittersphere lights up:

googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-top-300x250" ); googletag.enableServices(); });

Unqualified judge!

Sponsored The Real Costs Of Full-Time Vs. Flexible Lawyers Introducing the Real Cost Calculator, a proprietary tool from Axiom that enables GCs to identify hidden hiring expenses. From Above The Law and Axiom

Power-hungry liberals want to take away my freedom!

Inconsiderate conservatives want to put me at risk of death!

googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-middle-300x250" ); googletag.enableServices(); }); googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-storycontent-440x100" ); googletag.enableServices(); }); googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-in-story-youtube-1x1" ); googletag.enableServices(); });

The end of western civilization is nigh!

Calm down. Think about what this spat actually involves.

Sponsored Sponsored Three Traits That Make For An Unrivaled Attorney There are three traits that every attorney needs to be successful – to take on a new legal task feeling unrivaled. From Above the Law And Thomson Reuters Sponsored ESG Evolves: What You Need To Know Now There’s never been a better time to get up to speed on the latest developments in ESG and the risks and opportunities facing your clients. From Practising Law Institute Sponsored Make The Right First Impression It’s true that the first impression you give prospective clients will be a lasting one. From AbovetheLaw And Thomson Reuters Sponsored Three Traits That Make For An Unrivaled Attorney There are three traits that every attorney needs to be successful – to take on a new legal task feeling unrivaled. From Above the Law And Thomson Reuters

On the one hand, if everyone wears a mask on public transportation, that probably slightly reduces the risk of transmitting COVID-19. If one person wears a mask, that person is less likely to inhale germs. But if two people wear masks, then one person is less likely to inhale germs and the other person is less likely to exhale germs.

I don’t know if there have yet been any scientific studies about this, but I assume the science will eventually show that you’re marginally safer from COVID-19 if everyone in a plane is masked.

It’s true that you’re relatively unlikely to die from COVID-19. But some people are immunocompromised, and others are caring for unvaccinated infants, and so on.  It’s also true that infants are very unlikely to become seriously ill from COVID-19.  But parents shield their infants from too much screen time, for heaven’s sake; those parents are also trying in good faith to protect their kids from a disease.

googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-bottom-300x250" ); googletag.enableServices(); });

So liberals are not trying to infringe on anyone’s freedom. Liberals are correct to say that everyone who is able to should agree to wear a mask.

There’s not much benefit there, but there’s probably a smidge of benefit — so why not capitalize on it?

Sponsored Sponsored The Real Costs Of Full-Time Vs. Flexible Lawyers Introducing the Real Cost Calculator, a proprietary tool from Axiom that enables GCs to identify hidden hiring expenses. From Above The Law and Axiom Sponsored Outstanding Opportunity For An Experienced M&A Attorney Generous benefits for the right candidate. Apply within. From Kinney Recruiting

On the other hand, masks are slightly uncomfortable. And people feel like they shouldn’t be compelled to wear masks against their will. There’s not much harm there, but there’s a smidge of harm — so why not avoid the harm? Conservatives are right to say that the government shouldn’t force people to wear masks.

Isn’t this all a tempest in a teapot?

Ultimately, we’re weighing the likely minuscule benefit of everyone wearing a mask against the indisputably minuscule harm of people being required to wear masks against their will.

(I’m setting aside the possibility that all the unmasked people will get each other sick, once again overwhelming our hospitals. I’m guardedly optimistic that we’re beyond that point.)

So here’s my solution: Flip a coin at the start of every flight!

Heads — everyone wears masks.

Tails — masks are optional on that flight.

Given what’s really in dispute — weighing virtually nonexistent advantages against virtually nonexistent disadvantages — wouldn’t that be a reasonable solution?

In any event, the stakes certainly don’t justify the hysteria that the politicians have prompted.

Mark Herrmann spent 17 years as a partner at a leading international law firm and is now deputy general counsel at a large international company. He is the author of The Curmudgeon’s Guide to Practicing Law and Drug and Device Product Liability Litigation Strategy (affiliate links). You can reach him by email at [email protected].

Topics

COVID-19, In-House Counsel, Mark Herrmann