A United States appeals court decision today overturned New York's ability to hold airlines accountable to its passenger bill of rights, claiming federal law trumps state law in governing airline services.
New York last summer became the first state to sign into a law a passenger bill of rights that requires airlines to provide passengers with "food, water, fresh air, power and working restrooms on any flight that has left the gate and been on the tarmac for more than three hours
(BTNonline, Aug. 3, 2007)." Court documents note at least nine other states have proposed laws that would govern airline services during lengthy tarmac delays.
"Although the goals of the (passenger bill of rights) are laudable and the circumstances motivating its enactment deplorable, only the federal government has the authority to enact such a law," read the decision issued in the United States Second Circuit Court of Appeals in Manhattan.
Though a federal judge in December upheld New York's right to issue its passenger bill of rights, the Air Transport Association challenged the ruling in appeals court. ATA called today's ruling a "decisive victory for airlines and their customers," noting in a statement, "This clear and decisive ruling sends a strong message to other states that are considering similar legislation."