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Features December 26, 2007
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Gianaris Defends Passenger Bill Of Rights

Assemblymember Michael Gianaris, a prime sponsor of the New York Airline Passengers Bill of Rights, lashed out at the nation's airline owners seeking to strike down the landmark law.

Gianaris (D- Astoria), responding last Tuesday to a federal lawsuit filed by the Air Transport Association (ATA), stated: "It's no wonder the reputation of the airline industry is in such bad shape, when they spend their time fighting to deny passengers the right to a drink of water or a clean bathroom."

Gianaris added that he was "confident that our efforts in New York will lead the way towards a national bill of rights that will resolve this question on behalf of the flying public once and for all".

Joining Gianaris in his opposition to the suit was Kate Hanni, founder of the Coalition for An Airline Passengers Bill of Rights (CAPBOR).

Speaking of the ATA, Hanni stated: "These guys really need a different public relations firm. Only an industry with a virtual monopoly can afford to continuously alienate their customers as effectively as the airlines."

Under the law establishing the Airline Passenger Bill of Rights, Gianaris explained, all airlines at New York airports would be required to provide snacks and water, fresh air and power and working restrooms for passengers on planes that leave the gate and sit on the tarmac for more than three hours.

The law would also create an Office of Airline Consumer Advocate, which would help coordinate with appropriate airline industry officials, federal agencies and the Port Authority of New York and New Jersey. If a violation occurred, the Consumer Advocate would seek a civil penalty of up to $1,000 a passenger.

Gianaris noted that while federal law places restrictions on what individual states can do when it comes to legislation relating to air travel, federal courts have held that the provision of amenities for air travelers is one area that states can legitimately address. "Today, New York stood its ground on the front lines of the battle to protect the flying public. In the face of tremendous opposition from the airline industry, Judge Kahn struck a blow in favor of airline passengers' rights to be treated like people instead of cargo. I am hopeful that the 'passengers rights' movement will now spread until we have a national standard to protect consumers throughout the country," Gianaris said.

The terms of New York's Passenger Bill of Rights were carefully written to comply with these federal court decisions, Gianaris said.

- John Toscano


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