Newsstand - Airline industry fights bill of passenger rights

A federal judge is hearing arguments challenging New York's law requiring airlines to give passengers food, water, clean toilets and fresh air when they're delayed on planes for more than three hours.

The law was enacted after a series of delays last winter at John F. Kennedy International Airport left some passengers stranded for more than 10 hours with no food or water, overflowing toilets and no ventilation.

http://www.chicagotribune.com/travel/chi-071218passenger-rights,0,5555763.story

99.999% chance of getting struck down b/c of Dormant Commerce Clause.

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99.999% chance of getting struck down b/c of Dormant Commerce Clause.

I don't see that mentioned in the article. Can you expand on what that is?

I don't see that mentioned in the article. Can you expand on what that is?

The Commerce clause of the Constitution allows for the federal government to regulate interstate commerce. The federal government has in some cases expanded this into the dormant commerce clause theory -- some call it the negative commerce clause -- whereby the states are edged out or pushed away from regulating matters that the federal government is permitted to regulate, specifically interstate commerce.

For something like two centuries this is something that business interests have used to run circles around state legislation and state government decisions.

I don't see that mentioned in the article. Can you expand on what that is?

To really water it down by using wikipedia: "a restriction prohibiting a state from passing legislation that improperly burdens or discriminates against interstate commerce."

I'm guessing there is no question that air travel is "interstate." So the question is, can the carriers successfully argue that it improperly burdens or discriminates.

99.999% chance of getting struck down b/c of Dormant Commerce Clause.

Well, that didn't happen today. May have to wait for the appeal.


Judge Dismisses Airline Challenge to NY Passenger Bill of Rights

ALBANY, N.Y. (AP) -- A federal judge dismissed an industry trade group's challenge to the New York law requiring airlines to provide food, water, clean toilets and fresh air to passengers stuck on the ground for more than three hours.

U.S. District Judge Lawrence Kahn concluded Thursday those provisions are "presumed" and constitute a health and safety issue, not airline "services" that can be regulated only by federal authorities.

The airline association, whose members carry more than 90 percent of U.S. passenger and cargo traffic, said it believes the judge misinterpreted the law and is considering its options, including filing an appeal. "ATA's sole purpose in filing this lawsuit was to preserve the principle that commercial aviation is best regulated by one source -- the federal government -- and not 50 individual states," the association said in a prepared statement.
http://biz.yahoo.com/ap/071220/ny_passenger_rights.html?.v=1

very clever argument by defendants. I guess my comment above clashed with another principal: 99.999% of the time a judge will try and find a way to avoid calling something unconstitutional.