Judge upholds New York State passenger rights law

A federal judge has upheld New York State’s new passenger rights law, which officially takes effect January 1, 2008. The law requires airlines to provide passengers with basic services and amenities like water, food, fresh air, power and working bathrooms if they are stuck on a flight that sits on the ground for at least three hours. The law gives the state the authority to fine airlines up to $1,000 per passenger for violations. However, the law does not give passengers the right to get off the aircraft during long ground holds. The Air Transport Association, the airlines’ trade group, had challenged the new law in federal district court, arguing that as a result of the Airline Deregulation Act of 1978, only the federal government has the right to regulate airlines. “ATA believes that the court has misinterpreted the law,” the ATA said in a statement after the ruling came down. The airline group later filed a notice of appeal, seeking to overturn the district court ruling. Kate Hanni, founder of the Coalition for an Airline Passengers Bill of Rights – which has been lobbying for similar federal legislation – said that for airline passengers, the court ruling represents “their first basic victory for basic human rights when trapped on an aircraft.” The district court had rejected ATA’s argument, ruling that the Airline Deregulation Act only bars the states from regulating airline fares and routes, not from protecting passengers’ health and safety.