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.

FMI: www.flyersrights.org, www.airlines.org