Appeals court says New York State can't regulate airlines

The nation’s first “airline passengers’ bill of rights” law, which took effect in New York State in January, has been overturned by a federal appeals court. The law would have required airlines operating in New York to provide passengers with certain basic services and amenities when they are stranded on aircraft during long ground holds – things like fresh air, food and water, and working toilets. Since the passage of the New York law last year, similar bills have been introduced in several other states, but the new ruling by the U.S. Court of Appeals in Manhattan makes it unlikely they will be enacted. The appeals court agreed with the airline industry in ruling that the federal Airline Deregulation Act of 1978 prohibits states from passing any laws to regulate airlines that operate in interstate commerce.

The Air Transport Association (ATA), the airlines’ trade group, hailed the appeals court’s ruling. “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,” ATA said, adding that “this clear and decisive ruling sends a strong message to other states that are considering similar legislation.” But Kate Hanni -- whose Coalition for an Airline Passengers Bill of Rights had been lobbying for state laws in the absence of federal legislation or regulation – deplored the court decision. “Today’s ruling ensures that airline passengers will continue to have fewer rights than a prisoner of war under the Geneva Convention,” she said.