New York judge rules for stranded air travelers

Japan Today ^ | Saturday, December 22, 2007 at 08:19 EST

[DeaconBenjamin]

NEW YORK — A group representing U.S. air travelers claimed victory Friday after a New York judge ruled that airlines in the state must provide essential services to passengers stranded for long periods of time.

The decision means that from Jan 1, any passengers stuck in planes on runways at New York's airports for more than three hours must be given food, water, fresh air and given access to working toilets.

Airlines face fines of up to $1,000 per passenger for not adhering to the new rules.

Campaigners urged other states to follow suit, in what they hope will eventually become a nationwide bill of rights for air passengers.

"This represents a major victory and positions us to move forward with similar measures in other states," said Burt Rubin, from the Coalition for an Airline Passengers Bill of Rights.

"If the federal government won't enact a uniform standard, states must fill the void," added Kate Hanni, the group's president.

Increased security at U.S. airports since the Sept 11 attacks of 2001, a reduction in services provided by airlines and an increase in passenger numbers have combined to make air travel difficult for millions of people every year.

"Profit and economics are the primary reasons that the airlines make decisions that are not passenger based," Hanni said.

Airlines opposed Thursday's decision and the Air Transport Association said it was considering appealing the ruling.

[DeaconBenjamin]

$1,000 per passenger will get the airlines' attention.

[kingu]

$1,000 per passenger will get the airlines' attention.

Or yours when tickets out of New York have an additional $100 per ticket surcharge.

[kittymyrib]

It’s great to see state and local governments taking responsibility for these things, knowing that our federal government is gridlocked. If we could keep this trend going another 20 years, we might get some of our freedom back.

[DeaconBenjamin]

Or yours when tickets out of New York have an additional $100 per ticket surcharge.

At least it would, if I ever bought tickets out of New York.

[agere_contra]

Prisoners get treated better than airline passengers.

Actually, battery hens get treated better than airline passengers.

[saganite]

The net result of rules like this and the reduction of numbers of flights out of NYC along with the “TZAR” appointed to oversee the traffic flows into and out of NYC will result in less frequencies, less service and higher costs. Not to mention that some carriers who now serve JFK will be booted out.

[UCFRoadWarrior]

The airlines are perfect example of the failure of business scoialism.

The govt has bailed out the airlines w billions....and also came up w the settlement money after 9/11. Our reward for that is crappier service and piss-poor management

The airlines are like the crack ho’, unemployed, on the dole, and living in public housing...and dont care

[nathanbedford]

We already require restaurants in New York and elsewhere to provide us with bathrooms and fresh air and we don't allow them three hours grace to produce them. Our bagels do not cost an extra $100.

The fact is that the federal government has granted the airlines virtually the powers of the jailer over us as soon as the doors to the airplane are closed. Any disruption, indeed any loud or obnoxious behavior, any vituperative complaint, can end with a criminal prosecution brought on the say-so of Airlines personnel. While I concede that our economic liberties are compromised by the New York statute, I say the greater assault on our natural liberties occurs in the de-humanizing ordeal that modern American Airline travel has become. Having just flown in from Germany, I can assure you that they know how to treat you a lot better in Munich. In any event, it is the law which imposes these strictures upon us when we choose to fly. The law has not dealt with the obvious and terrible consequences of its own statutes. It is unconscionable to leave infants and the elderly locked in an aluminum tube without food, water, air-conditioning, or toilet facilities, subjected to noxious odors, and increasing discomforts, because the government itself has created by law, regulation, and operation of the airways and airports, these very conditions.

The more interesting question, is whether the New York statute is constitutional or will be held to be repugnant to the commerce clause of the Constitution because the federal government has preempted the states in this area. Whichever way the court rules, it will be impossible now for Congress to permit itself to be log rolled by the airlines industry much longer.

[NY.SS-Bar9]

Or yours when tickets out of New York have an additional $100 per ticket surcharge.

In a related story:

The FAA is introducing a plan to reduce flight delays. Many delays originate in the NY metro area because he three airports are basically at capacity when it comes to scheduling arrivals and departures. Like the Visa commercial, it only takes one hiccup to cascade into multiple delays.

The plan involves reducing the number of available slots by approximately 20%. It would be a pretty safe bet that flights originating in NY are going to be 20% more expensive in the near future even without this new ruling.

[Timeout]

From another article:

“The law says that after a pre-takeoff delay of more than three hours, airlines must ensure passengers, as needed, get electric generating service for fresh air and lights, waste removal to service restroom holding tanks, and adequate food, drinking water, and other refreshments.”

I haven’t followed this all that closely. But, if my plane was sitting on the tarmac for 3+ hours, I want the option of a BUS to take me back to the terminal (for my refund or a ticket on a later flight). Give ME the option to choose.

[kingu]

Interestingly enough, there’s these things called congressmen, who run for office every two years, who make these laws - gosh, I wonder if someone could, I donno, talk to them, and bring up this issue, and maybe start getting something done about it...

I’d like to see the TSA abolished; make airlines responsible for providing security. Grandma will not be going through a strip search in the name of equality. Only a government agency can provide that kind of insanity. As for the dehumanizing aspect, that too will go away, as the people wearing the uniforms would be answerable to the airlines, who have to field the complaints. I know the airlines don’t want this - they like being able to give a passenger the number to the local TSA office and a ‘good luck.’

[nyyankeefan]

if prisoners in jail were treated like this....congress would be outraged....since it is only the tax paying public...congress does not give a shi-ite!!!!!

[Always Right]

QUESTION: How can a judge make law? What authority does the judge have over all airline travel?

[DeaconBenjamin]

The article offered no explanation of the basis for the suit. Presumably, it was a tort action.

[packrat35]

This is why I quit flying in 2002. The BS at airports just wasn’t worth it anymore.

I agree with your summary and I predict this WILL be thrown out due to Commerce Clause. However, that will finally spur Congress into action.

[RDTF]

this seemed like a no brainer

[BlabItGrabIt]

Now, let’s have these judges go after the dim Congress to investigate and prosecute those who allowed crude oil to double and allowed a vibrant housing market to suddenly tank into recession for American working families!!!

[ml/nj]

$1,000 per passenger will get the airlines' attention.

The $1000 is a fine, a.k.a. a tax. The passenger gets nothing.

ML/NJ

[DeaconBenjamin]

$1,000 per passenger not $1,000 for each passenger. I thought my point was plain.

[Jacquerie]

What authority does the judge have over all airline travel?

Good question. Judges make law and pretty well know there will be no outcry. Courts relieve the legislature and executive from making hard decisions that could cost them popularity and votes. Its a slick arrangement that all three branches approve.

The system of checks & balances no longer exists.