Federal Court May Kill NY Airline Passengers Bill of Rights

[Matt Molnar]

A panel of three judges on a Federal Appeals Court expressed skepticism yesterday that New York State should be allowed to impose an Airline Passengers Bill of Rights. The Airline Transport Association filed suit against the State, arguing that states have no right to regulate industries which are regulated by federal authorities. The judges have not yet made a decision, but made statements indicating agreement with the ATA's case.

Even though the judges had not yet ruled, Judge Richard C. Wesley defended their apparent stance. "This is a pre-emption issue. Judges aren't heartless people in black robes. Three judges must decide whether New York stepped over the pre-emption line," Wesley said.

“I’m startled over and over again by the audacity of the airline industry,” Assemblyman Michael Gianaris, the author of the bill, said. “They hired high priced attorneys out of Washington to come and argue that passengers that are stuck on a plane for hours at a time should not be allowed to use the bathroom or have a drink of water. This is where the industry is spending their time and resources.”

:arrow: Court Skeptical of Passenger Rights Law [AP] (http://ap.google.com/article/ALeqM5jI20MR3Xinejtid51wrBxNvyg7FwD8V7HJJ81)
:arrow: 'Prisoners of War Have More Rights' Than Stranded Airline Passengers [Village Voice] (http://blogs.villagevoice.com/runninscared/archives/2008/03/prisoners_of_wa.php)

[hiss srq]

All hail common sense. All hail common sense.

[Matt Molnar]

Congress is working on its own version, but unfortunately I'm sure the airline lobby will make sure all the teeth are out of it before it gets anywhere.

[PhilDernerJr]

I have to agree. Though the Bill of Rights themselves are good, government has no right to regulate specifics of an industry like that. If a company of any kind wants to mistreat customers, then there are many other existing laws and options for those customers to seek justice. If that's not enough, then there's a problem with our legal system, as opposed to the industry itself.

[Matt Molnar]

I have to agree. Though the Bill of Rights themselves are good, government has no right to regulate specifics of an industry like that. If a company of any kind wants to mistreat customers, then there are many other existing laws and options for those customers to seek justice. If that's not enough, then there's a problem with our legal system, as opposed to the industry itself.
I disagree. Airlines are unique from other businesses in that during an extended ground delay like the JetBlue flight that inspired this whole movement, you are essentially being held captive, in close quarters, against your will, in uncomfortable, unsanitary and potentially life threatening conditions. An aircraft is not like a restaurant with bad service where you can just walk out. It's more like a jail: if you attempt to leave, you'll probably get hurt, and you'll definitely get arrested. Jails, however, are legally required to have running water and toilets, whereas aircraft are not. Right now there are few legal protections for travelers who experience this, and the airlines simply treat it as a marketing issue which costs them a couple thousand bucks in free vouchers rather than a legal issue which could actually damage their bottom line. And yes, a customer could sue, but it shouldn't come to that. The act of going to court and filing a lawsuit is just as big an inconvenience as being trapped on a plane for 10 hours. So, while I know delays like this do not happen often, I think there should be stiff penalties when they do in order to discourage it from happening at all.