Modeled After New York Law; Airlines Not Thrilled

A California lawmaker has proposed that state's first Airline Passenger Bill of Rights, modeled after similar legislation that recently became the law in New York.

San Francisco Assemblyman Mark Leno announced the bill Wednesday. It would require airlines to provide basic amenities for passengers -- including water, snacks, and clean restrooms -- if they are kept on an airliner in California longer than three hours.

"The status quo is really a tragedy waiting to happen," Leno said Wednesday, during a press event at San Francisco International Airport. "We should not have to relinquish access to these basic human needs just because we board an airplane."

The state legislature will consider the bill, according to The San Francisco Chronicle. Leno has mounted a state senate campaign for 2008.

Leno's legislation was spurred on by Kate Hanni, a Napa resident who formed the Coalition for an Airline Passenger Bill of Rights after she and her family were trapped onboard an American Airlines flight in Austin, TX for more than nine hours in December 2006. Hanni has lobbied for federal legislation on the matter; some of the language will likely be included in an eventual FAA reauthorization bill, reports The Chronicle.

In the interim, several states have taken up the cause -- to the considerable consternation of the airline industry.

As ANN reported, New York enacted its own version of the law in August 2007, fueled by the weather-related Valentine's Day strandings of hundreds of JetBlue passengers. The law went into effect last month, and requires drinking water, snacks, fresh air, and waste removal for passengers kept onboard grounded airliners longer than three hours.

If the airlines don't meet those standards in a stranding situation, the fine can run as high as $1,000 per passenger, per violation. Washington state is also considering its own version of passenger rights legislation.

The Air Transport Association, lobbying group for the nation's major airlines, launched a challenge to the New York on the grounds it superseded federal rights to legislate customer service. US District Court Judge Lawrence Kahn shot down that argument, countering the matter was a health and safety issue, not a service-related complaint.

ATA spokesman David Castelveter says the group has appealed that ruling, and an expedited hearing will be held in early March. "We will oppose the bill in the State of California for a passenger bill of rights," Castelveter added.

Leno said he initially thought federal law would preempt states rights on such legislation, as well -- "and there was nothing I could do as state legislation." But that changed with the District Court's ruling.

FMI: www.flyersrights.org, www.markleno.com