Or so says the US Code:
http://caselaw.lp.findlaw.com/script...e=49&sec=40103
(a) Sovereignty and Public Right of Transit. - (1) The United
States Government has exclusive sovereignty of airspace of the
United States.
(2) A citizen of the United States has a public right of transit
through the navigable airspace. To further that right, the
Secretary of Transportation shall consult with the Architectural
and Transportation Barriers Compliance Board established under
section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792)
before prescribing a regulation or issuing an order or procedure
that will have a significant impact on the accessibility of
commercial airports or commercial air transportation for
handicapped individuals.
Please bookmark this thread so that we can put to rest the notion that there is no right to fly.