Originally Posted by J-M
OP is twisting that section of code. That's related to the use of airspace (IE, the right to operate an aircraft in that airspace within the regulations). This is a completely different issue from a person purchasing a ticket on a private airline to provide transportation within the airspace. The right extends to the airline, not the traveller.
Exactly! Which was my (missed) point about growing wings! If you can get yourself unaided (either with a private plane or figuring out how to fly - growing wings) through the airspace then yes this applies....you have a right to use the space. However if you need someone else to get you through that space you are subject to any rules they (or any agency they choose to work in consort with) wish to implement. Getting on an airline's plane is NOT a right!!!!