Thu, Oct 31, 2002
In a late Tuesday afternoon hearing, AOPA had its
first opportunity to argue its case against the State of Michigan's
background check law before a U.S. District Court judge in eastern
Michigan. The law passed in May of last year requires a criminal
record background check through the FBI for any person seeking
flight training in the state to obtain a pilot license, a new
certificate, or rating (additional privileges for an already
licensed pilot).
In a lawsuit filed in August, AOPA contends the law is a
violation of Article VI, clause 2 (the "supremacy clause") of the
U.S. Constitution.
A motion filed by AOPA for a preliminary injunction is aimed at
blocking the state's enforcement of the new law until the court can
hear the case and decide whether the state's law is preempted by
federal law.
AOPA also
argued against the state's motion for a change of venue, contending
that a substantial number of flight schools in the eastern district
of Michigan have experienced a drop in students. If the judge
grants the request for preliminary injunction, it will be a
statement by the judge that the state appears to be intruding into
a federally preempted area.
"This is not so much an issue of aviation security as it is an
issue of what regulatory matters a state may implement when it
comes to aviation," said AOPA President Phil Boyer. In order to
maintain one national unified standard, any regulations effecting
aviation should be adopted at the federal level, not at the state
or local level.
"AOPA preserving a national standard for aviation
rulemaking serves to keep the aviation infrastructure moving in the
right direction," remarked Boyer.
The judge has said she will rule in writing on both motions that
were presented on Tuesday. While no time frame is established for
that ruling, AOPA has argued that the need for relief is immediate
to address the impact on flight training facilities and those
seeking flight training.
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