Federal Judges Void N.Y. Law Protecting Stranded Air Passengers

WASHINGTON — A federal court on Tuesday threw out a New York law forcing airlines to offer food, water and clean toilets to long-stranded passengers. That pleased the carriers but sparked new calls for a federal law with the same requirements.

The 2nd Circuit Court of Appeals panel recognized "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," the Air Transport Association, a Washington-based trade group, said in a statement.

The ruling "sends a strong message to other states that are considering similar legislation," the ATA said.

But many passengers were displeased with the ruling by the court in Manhattan.

"You can't just leave somebody with no food and no water on an airplane and say you can't get off," said Jayne Anderson of Baton Rouge, La., who was waiting to depart Ronald Reagan Washington National Airport.

Another passenger, Debbie Richards, of Jacksonville, Ill., agreed, saying, "If the weather is so bad, why not taxi back and let us wait in the comfort of the terminal?"

The legal showdown was set in motion last year when New York passed the nation's first so-called "Passenger Bill of Rights." Demands for such legislation arose after bad weather left thousands of passengers stranded on the tarmac of John F. Kennedy International Airport for up to 10 hours on Valentine's Day last year. Trapped travelers described nightmarish conditions involving overflowing toilets and crying, hungry children.

New York state lawmakers responded to the passenger complaints by passing legislation, effective Jan. 1, requiring carriers to provide food, water and working toilets during tarmac delays of more than three hours. The ATA challenged the law, saying in a filing that Congress passed the Airline Deregulation Act in 1978 to prevent "inconsistent regulation of air carriers by the federal government and each of the 50 states."

In December, U.S. District Judge Lawrence Kahn in Albany, N.Y., dismissed the ATA's case, saying "fresh air, water, sanitation and food are necessities in the extreme situation in which this act applies."

That ruling encouraged passenger rights supporters to push for similar bills in other states.

But the appeals court tossed out Kahn's judgment, saying the federal law preempts states from regulating air carriers.

"We hold that requiring airlines to provide food, water, electricity and restrooms to passengers during lengthy ground delays does relate to the service of an air carrier, and therefore falls within the express terms of the ADA's preemption provision," the three-judge panel found.

Airlines, already struggling to keep pace with rising fuel prices, say compliance with "bill of rights" laws would be costly. Under the New York law, they would have faced fines of up to $1,000 per passenger if they failed to get food and water to the stranded passengers.

In filings, the carriers say they could not afford additional equipment and employees at all airports to handle unanticipated catering and lavatory services. Storing extra food and water on board would add weight to aircraft and use up more fuel, the ATA wrote.

New York Assemblyman Michael Gianaris, the chief sponsor of the state legislation, said in a statement that the appeals ruling "is a disappointment to anyone who has suffered at the hands of airlines that care more about profits than their customers."

The Democrat added that the matter "is far from over." Proponents may try to appeal Tuesday's ruling or push harder for a federal law protecting passengers' rights.

Kate Hanni, president of Flyers Rights, a passengers advocacy group, said Tuesday's decision proves that "there has to be a federal law."

She is hoping a federal bill of passenger rights will be incorporated in the next Federal Aviation Administration's budget reauthorization, which Congress is currently drafting. "There is no reason passengers should be trapped without food or water," Hanni said.

Jim Berard, a spokesman for House Transportation Committee Chairman James Oberstar, D-Minn., said in an e-mail exchange that the House has included "consumer protection language in HR 2881, the FAA reauthorization bill, and are hopeful that the Senate will act soon so we can move ahead with that legislation."

Sen. Olympia Snowe, R-Maine, issued a statement urging federal action. "Congress must put into place some sort of minimum standard," she said.

Last year, Snowe co-sponsored the Airline Passengers Bill of Rights, which was included by the Senate Commerce Committee in its FAA reauthorization bill. But the legislation has not yet gotten a Senate floor vote.

According to the U.S. Bureau of Transportation Statistics, passengers on 8,852 of 7.45 million flights faced delays of three or more hours in 2007.

Gerry Shih of the Cox Newspapers Washington Bureau contributed to this report.