A state law requiring airlines to provide water, food and clean bathrooms to stranded passengers trapped on grounded flights faced stiff criticism yesterday after a federal appeals court in Manhattan hinted that it’s the federal government – not the state – that has oversight of the airline industry.
The three-judge panel expressed skepticism that states should be allowed to impose a law on an industry already subject to oversight by the feds.
New York’s “Airline Passenger Bill of Rights” – effective Jan. 1 after it was signed into law by Gov. Spitzer last summer – requires relief for weary passengers who have been trapped on a grounded plane for at least three hours.
The court, which did not rule on the constitutionality of the law yesterday, heard arguments after it was challenged by the Air Transport Association of America, the industry group that represents US airlines.
The airline industry is appealing a federal ruling in December that upheld the law. They argued yesterday that New York has no right to police the airlines.
Seth Waxman, a lawyer representing the industry, told the judges that a dozen other states were considering laws similar to New York’s.
“If regulation is required in this area, it must be national,” he said.
Waxman added that there is “no more consumer-oriented industry in the United States and they are competing vigorously in light of the event on Valentine’s Day.”
He was referring to an ice storm on Feb. 14, 2007, that led to hundreds of canceled flights and left thousands of exasperated JetBlue passengers stuck on the tarmac for up to 10 hours at Kennedy Airport, spurring consumer advocacy groups to push for the legislation.
The debacle promoted Jet Blue to unveil its own “Customer Bill of Rights,” promising vouchers to delayed passengers.
The judges said they were sympathetic to passengers’ needs, but appeared to agree that only the federal government can regulate airlines.
“There is a . . . problem in that every state should be concerned about this and probably would write different regulations,” said Judge Debra Ann Livingston.
Barbara Underwood, a lawyer for the state, said the airlines need to figure out how to get amenities to people who are stuck on planes.
“This legislation is about bare minimum human necessities,” she said. “The amount of people who suffered last year on Valentine’s Day was deplorable.”
Assemblyman Michael Gianaris (D-Queens), who sponsored the original bill, said he would welcome a national law protecting airline customers, but added he was “hopeful the judges will preserve the law.”