New York State Airline Customer Service Legislation is preempted by Federal Law the 2nd Court of Appeals ruled. The “Passenger Bill of Rights” is overturned.

ATA STATEMENT

The Air Transport Association of America (ATA), the industry trade organization representing the leading U.S. airlines, today released the following statement in response to the United States Second Circuit Court of Appeals ruling that state legislation of airline services is preempted by federal law.

“The 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. This clear and decisive ruling sends a strong message to other states that are considering similar legislation.”

ATA airline members and their affiliates transport more than 90 percent of all U.S. airline passenger and cargo traffic. In addition, ATA represents three associate member airlines, three industry partners and 36 industry members. For additional information about the industry and ATA members, visit www.airlines.org.

The complaint read as follows:

The Air Transport Association of America appeals from a final judgment of the United States District Court for the Northern District of New York (Kahn,J.) granting summary judgment to defendants and dismissing plaintiff’s complaint seeking declaratory and injunctive relief against New York State’s passenger Bill of Rights, codified at section 553(2)(b)-(d) of the New York Executive Law and sections 251-f to 251-j of the New York General Business Law. We reverse and hold that the substantive provisions of the law, N.Y. Gen.Bus. Law § 251-g(1), are preempted by the Airline Deregulation Act of 1978.

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FUDReport STATEMENT

So requiring airlines to provide food, water, clean toilets and fresh air to passengers trapped in a plane delayed on the ground for 8 to 10 hours is a victory for the airline’s customers? Forcing passengers to relieve themselves in drink containers is better customer service than allowing customers to deplane and be comfortable during long delays? Wow…Airline customer service these days consists of usually not telling passengers anything, but when they do, it’s usually some kind of warning to “stay in your seat or be labeled a terrorist”. The traveling public has long accepted the fact that the airlines had to reduce amineties to stay in business, but to treat travelers like prisoners has gone too far.

Looks like California’s law may not get off the ground…

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