FlyerTalk Forums - View Single Post - CLE - Impact of other airlines (gates, routes, equipment, & etc) after UA De-Hubbing
Old Mar 16, 2020 | 4:21 pm
  #2250  
lincolnjkc
30 Countries Visited
1M
100 Nights
20 Years on Site
 
Join Date: Feb 2005
Location: CLE, DCA, and 30k feet
Programs: Honors LT Diamond; United 1K 1MM; Hertz PC
Posts: 5,631
Originally Posted by RNE
I know it's not exactly a restaurant or bar, but does anybody know if the CLE Club is affected by DeWine's order that such establishments close (except for take-out and delivery, an exception which, again, doesn't seem to apply to an airport lounge)?
Given that the ADA's preemption "a State, political subdivision of a State, or political authority of 2 or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier […]" (49 USC 41713(4)(A)) where "service" has generally been broadly interpreted (e.g. AA v. Woolens 513 U.S. 219 (1995) -- preempting state regulation of AAdvantage) I would think the legal answer is "no" -- whether or not UA would voluntarily fold it in is another question entirely. But once you're at an airport I fail to see how closing one portion of the airport would have any effect on people generally congregating.... [But I am also not a lawyer]

I'm (hoping to) fly out to visit my wife Friday-ish so you'll have a first-hand account then, if not before.


Edit: Digging into it more and looking at the actual order (which was formally issued by the Director of the Ohio Department of Heath) is entirely based on food and beverage sales. Given that none of the club's food and few of its beverages are sold, they could just close the bar in theory. The situation is also changing so quickly that who knows what tomorrow will bring...

Last edited by lincolnjkc; Mar 16, 2020 at 4:32 pm
lincolnjkc is offline