Airline Bill Of Rights Stalled On Runway

Photo Vinny DuPre

A law that required all airlines at New York airports to provide snacks, water, fresh air, power and working restrooms for passengers on planes that leave the gate and sit on the tarmac for more than three hours, created an Office of Airline Consumer Advocate, which helped coordinate with appropriate airline industry officials, federal agencies, and the Port Authority of New York and New Jersey and could levy penalties of up to $1,000 per passenger on airlines that were found in violation of the law was struck down by the 2nd U.S. Circuit Court of Appeals on Tuesday. The court ruled that the New York law interferes with federal law governing the price, route or service of an air carrier and that only the federal government has the authority to impose such regulations.

"The court's decision is a disappointment to anyone who has suffered at the hands of airlines that care more about profits than their customers," Assemblymember Michael Gianaris (D-Astoria) responded. Gianaris, a prime sponsor of the Airline Passenger Bill of Rights, proposed the legislation in 2007, following numerous incidents in which passengers were left stranded on airplanes without basic amenities.

"This is far from over," Gianaris declared. "While this decision is a setback to passengers' rights, I will continue fighting until someone in a position of authority does the right thing and stands up to protect the flying public."

Gianaris proposed the legislation in 2007, following numerous incidents in which passengers were left stranded on airplanes without basic amenities. On Valentine's Day 2007, thousands of passengers on several JetBlue Airways flights were stranded aboard planes at John F. Kennedy International Airport, some for up to 10 hours, during a snow and ice storm. On Mar. 17, 2007, a daylong ice storm forced other airlines to strand hundreds more passengers on jets at JFK for hours. Passengers on board these planes complained of no food or water, overflowing toilets and no ventilation.

The law was challenged by the Air Transport Association of America, the industry trade group representing leading U.S. airlines.