Judges Fear State Laws Would Conflict With Federal
Legislation
The verdict is still
out following Wednesday's hearing on whether New York's
recently-imposed Passenger Bill of Rights is constitutional.
As ANN reported, New York
approved its own passenger rights law in August 2007, after delays
in the approval of such a law at the federal level. That bill went
into effect January 1... and was promptly criticized by a number of
lawmakers and groups, as well as the Air Transport Association,
lobbying group for the nation's airlines.
New York's passenger rights law is similar to legislation
proposed at the federal level, and included in both the House
and Senate versions of the still-unresolved FAA reauthorization
bill. The law calls for various measures of relief for passengers
trapped onboard a grounded commercial airliner for longer than
three hours.
ATA filed an appeal to the New York, and the matter went before
a three-judge federal appeals panel Wednesday. While the judges did
express sympathy for passengers, they also expressed skepticism
with the legality of any state law affecting a federal
industry.
"There is a patchwork problem in that every state should be
concerned about this and probably would write different
regulations," Judge Debra Ann Livingston said.
The court did not immediately rule on whether the New York law
infringes on federal authority, reports The Associated Press... but
there are signs proponents of the New York law may soon be handed a
judicial defeat.
"This is a pre-emption issue. Judges aren't heartless people in
black robes," said Judge Richard C. Wesley. "Three judges must
decide whether New York stepped over the pre-emption line." That
sentiment was echoed by the third member of the panel, Judge Brian
M. Cogan... who said he fears New York's law will lead other states
to adopt similar measures, leading to non-uniform legislation from
state to state.
The judges' apparent inclinations came as good news to Seth
Waxman, an attorney representing ATA on the matter. That group
vehemently opposes a federal passenger bill of rights law... but
Waxman concedes "[i]f regulation is required in this area, it must
be national to avoid what otherwise is a patchwork solution."
Barbara Underwood, testifying on behalf of the New York
legislation, told the judges state-level passenger rights laws
require minimal standards. "What it really is about is human
dignity," she said.
Queens Assemblyman Michael Gianaris, leading sponsor of the New
York law, said he remains optimistic about the state legislation...
adding he would welcome a national law protecting airline
passengers.
"I'm hopeful the judges will preserve the law," he said.