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Mon, Nov 19, 2007

US Airways Banned From Serving Alcohol On NM Flights

Other Airlines Also Asked To Stop Serving

Sorry, no more boozing on US Airways to and from New Mexico. The New Mexico Regulation and Licensing Department denied a liquor license to US Airways for its flights there, according to TradingMarkets.com. US Airways is now banned from serving alcohol on all flights to and from New Mexico.

The state Regulation and Licensing Department had already denied the airline a temporary liquor license in June after US Airways served alcohol to Dana Papst who later crashed his car, killing a family of five on the Interstate 25. The Licensing Department Friday rejected the airline's permanent application, claiming that it cannot reasonably find that approval of application will protect the public health and safety or that it is in the public interest.

US Airways spokeswoman Valerie Wunder declined to comment Thursday except to say, "We've received the ruling, and we're looking into it."

The licensing department noted that it cited US Airways twice this year, accusing it of over serving passengers -- once in the Papst case and once in a case involving another man who was arrested for DWI after getting off a US Airways flight. A Bernalillo convenience store was also cited for over serving because Papst purchased a six-pack of beer there about an hour before the I-25 crash.

The Federal Aviation Administration's investigation into the Papst incident cleared the airline of wrongdoing. US Airways has the option of appealing the department's finding to state District Court, Lopez said, "Although we're very confident that this order is on very solid legal ground."

The decision came after two of the Regulation and Licensing employees witnessed a flight attendant serve alcohol to a drunken passenger on a flight from Phoenix to San Diego.

"When the male passenger was moved ... it became apparent he was highly intoxicated," wrote Wayne Dotson, a Construction Industries Division bureau chief.

"I observed the smell of alcohol from the passenger during the entire flight. Furthermore, it was apparent by the facial reactions of the other surrounding passengers they, too, were disgusted with his behavior and intoxication."

The state cited US Airways in the incident, but because the airline did not have a liquor license at the time of the Papst accident the citation could not be pursued. The incident has triggered investigations into the liquor license status of all airlines serving New Mexico.

The state ordered US Airways, Northwest Airlines and Frontier Airlines to stop serving alcohol on New Mexico flights until they receive licenses. US Airways received a 90-day temporary license in March, and it was not renewed. Northwest received a license in May, while Frontier has chosen not to serve alcohol on New Mexico flights. The state offered to resolve the Wright citation In August, if US Airways paid a $1,000 fine and suspended alcohol sales for one day.

US Airways announced earlier that it was contesting that citation. Airline representatives have also said they believe the airline's crew did nothing wrong in the Papst incident. US Airways officials said parts of New Mexico's alcohol server training program were implemented in the airline's training for new flight attendants in August.

FMI: http://www.rld.state.nm.us/index.html, www.usairways.com

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