|
|
Internet Travel Monitor - Industry News
March 26, 2008
New York Passenger Rights Law Grounded By Appeals Court Ruling
NEW YORK, NY – A US federal appeals court ruled yesterday that New York State's airline passenger rights law violates federal law, rendering it invalid and dealing a blow to those considering similar laws in other states.
The appeals court agreed with the US Air Transport Assn., which appealed a lower court's December ruling that allowed the law to take effect on Jan. 1. ATA argued that the New York law, which mandated fines of as much as $1,000 per passenger against airlines that failed to provide food, water, clean restrooms and fresh air during extended ground delays, directly violated the 1978 Airline Deregulation Act that prohibits states from enacting laws related to "price, route or service of an air carrier."
The appeals court concurred, stating in yesterday's ruling that allowing the law to stand would mean that "another state could be free to enact a law prohibiting the service of soda on flights departing from its airports, while another could require allergen-free food options on its outbound flights, unraveling the centralized federal framework for air travel." The lower court had ruled that "public health" concerns justified the law.
"The [appeals] court's decision vindicates the position of ATA and the airlines that airline services are regulated by the federal government and that a patchwork of laws by states and localities would be impractical and harmful to consumer interests," ATA said. "This clear and decisive ruling sends a strong message to other states that are considering similar legislation." ATA has estimated that as many as 12 states may attempt to pass passenger rights laws this year.
New York has the option of appealing the decision to a higher court, but it is unclear whether it will do so.
Copyright 2008 Penton Media, Inc. All rights
reserved. From http://www.atwonline.com. By Aaron Karp.
To view the Internet Travel Monitor Archive, click http://www.tripinfo.com/ITM/index.html.
|
|
