By: Laura Lane
The U.S. Court of Appeals for the Second Circuit recently struck down New York state's Airline Passengers' Rights Bill, sponsored by Sen. Charles Fuschillo Jr., saying that state regulation of airline services is preempted by federal law.
In ruling, the court cited the federal Air Deregulation Act of 1978, saying it preempted any state laws governing airline services, adding that only the federal government has the authority to impose consumer protections on the airlines.
Fuschillo's bill required all airlines at New York airports to provide basic amenities, including snacks and water, fresh air and power, and working rest rooms for passengers delayed on planes for more than three hours.
"I am greatly disappointed by the decision of the United States Court of Appeals striking down New York state's Airline Passengers' Bill of Rights Law, which put in place protections for air travelers stranded on planes," said Fuschillo, a Republican from Merrick. He added that he has spoken with representatives at the state Attorney General's Office, which is considering an appeal. "I continue to be stunned by the audacity of the airline industry, which fought so hard to deny the flying public simple basic rights, like being able to use a rest room or get a drink of water while stranded on a delayed plane. The arrogance of the industry is shocking that they'd challenge a law like this."
The Air Deregulation Act of 1978 was enacted to help the airline industry. Before it, American airlines had difficulty competing with international airlines because of stringent regulations. By reducing them, the act encouraged competition among airlines, reducing prices for flights. The act also prohibited states from regulating the airlines, which allowed Fuschillo's bill to be struck down.
Pilot Walter Donovan, of Wading River, was a passenger service agent for American Airlines in the 1970s and a pilot at Eastern Airlines in the 1980s. He was also a pilot in the Air Force and now is a pilot for Federal Express.
"What the airlines were then is a far cry from what they are today," said Donovan. "No one envisioned what would happen to the airline industry after deregulation in 1978 when the bill was passed. Passenger service has deteriorated."
Donovan believes that the airline industry will continue to fight any changes, including what Fuschillo has in mind. He said they want a "free hand to provide what level of service the public will tolerate. Fuel will get even more expensive, and service will get worse."
Like Donovan, U.S. Rep. Peter King, a Republican from Seaford, believes the federal government needs to step in. U.S. Sen. Barbara Boxer, a Democrat from California, "introduced a bill in the Senate that is similar to Sen. Fuschillo's," King said. "The court's recent decision has gotten people's attention, so this may give [Boxer's bill] impetus."
Donovan said a passenger bill of rights must be enacted at the federal level. "Airlines are interstate operators," Donovan explained. "Having accountability in one place and not another isn't workable. Uniform standards across the board by the federal government are needed."
The Air Transportation Association of America, Inc., the industry trade organization representing the leading U.S. airlines, appealed Fuschillo's bill. The ATA was pleased by the recent Court of Appeals' decision. In a March 25 statement, the group said, "The court's decision vindicates the position of the ATA and the airlines - that airline services are regulated by the federal government, and that a patchwork of laws by states and localities would be impractical and harmful to consumer interests. This clear and decisive ruling sends a strong message to other states that are considering similar legislation."
Even though his bill was successfully appealed, Fuschillo isn't giving up, hoping that he'll be able to institute a bill of rights through other means. But he too believes Congress should immediately enact a federal passengers' rights bill.
"The friendly skies aren't friendly anymore," Fuschillo said. "Air passengers pay high prices to fly with commercial airlines in this country, and they deserve to be treated with respect, not held hostage on delayed flights without basic amenities."
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