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Court overturns air passenger rights law
AP via Yahoo News ^ | 3/25/08 | LARRY NEUMEISTER

Posted on 03/25/2008 10:02:33 AM PDT by Santa Fe_Conservative

NEW YORK - A federal appeals court has rejected a law requiring airlines to provide food, water, clean toilets and fresh air to passengers trapped in a plane delayed on the ground.

The 2nd U.S. Circuit Court of Appeals ruled Tuesday that New York's new state law interferes with federal law governing the price, route or service of an air carrier. It was the first law in the nation of its kind.

The appeals court said the new law was laudable but only the federal government has the authority to enact such a regulation.

The law was challenged before the appeals court by the Air Transport Association of America, the industry trade group representing leading U.S. airlines.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Front Page News; News/Current Events
KEYWORDS: 2ndcircuitcourt; airlines; airplanes; ataa; court; passengers
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Look for a futher decline in the number of passengers flying airliners like Delta, US Air, United, Northwest, and American--the five worst airlines operating today in my opinion.
1 posted on 03/25/2008 10:02:34 AM PDT by Santa Fe_Conservative
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To: Santa Fe_Conservative

What part of “delayed on the ground” does the court not understand? Bad ruling.


2 posted on 03/25/2008 10:04:25 AM PDT by bvw
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To: Santa Fe_Conservative

I can’t figure out why my flight from JFK to Boston didn’t make the news when we waited for hours on the tarmac... We were on the way home from Russia with our newly-adopted son, and thankfully he was well-reseted and fairly sanguine about the whole thing.


3 posted on 03/25/2008 10:05:16 AM PDT by mvpel (Michael Pelletier)
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To: Santa Fe_Conservative
Since air travel is interstate... it must have uniform regulation. Only the federal government can set standards for air travel in this country.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

4 posted on 03/25/2008 10:08:03 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Santa Fe_Conservative

they don’t have to provide amenitys, but they do need to let us off the damn plane.

At some point is becomes imprisonment.


5 posted on 03/25/2008 10:09:08 AM PDT by Retired Greyhound
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To: mvpel

Wow that’s awful. Hope the incident did give some additional bonding time though :)


6 posted on 03/25/2008 10:09:23 AM PDT by Santa Fe_Conservative (The RINOs think that they have won but we shall see who has the last laugh in '08...)
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To: Santa Fe_Conservative

This is a bad ruling, and the ultimate loser will be the airline industry. What did this law do other than provide passengers access to water and a bathroom?

The backlash to this kind of passenger abuse is that more people will simply avoid flying.


7 posted on 03/25/2008 10:09:55 AM PDT by RKBA Democrat (Lord Jesus Christ, Son of God, have mercy on me, a sinner!)
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To: bvw

The court is not making a ruling on the merits of the law, just the precedence of state law versus federal law involving interstate transportation. Your comments do not involve the issue that the court is considering. This ruling will probably be appealed to the Supreme Court if appeals court sides with the lower court.


8 posted on 03/25/2008 10:10:46 AM PDT by businessprofessor
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To: goldstategop

This is not air travel. It is on the ground.


9 posted on 03/25/2008 10:11:13 AM PDT by bvw
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To: Santa Fe_Conservative

If I find I’nm being held against my will onboard an airplane I’m first calling local law enforcement to ask to be rescued and then I’m calling the TV stations to report a hostage crisis on the ramp.


10 posted on 03/25/2008 10:11:54 AM PDT by PeterFinn (I am not voting for McCain. No way, no how.)
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To: RKBA Democrat

Good ruling that passes federalist criteria. Only Congress has the right to regulate interstate commerce, my guess the Supremes will agree.


11 posted on 03/25/2008 10:12:11 AM PDT by Perdogg (Reagan would have never said "She's my girl")
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To: bvw

An airplane sitting on the tarmac is engaged in “interstate commerce”, just like a farmer growing grain to feed his livestock.


12 posted on 03/25/2008 10:12:27 AM PDT by steve-b (Sin lies only in hurting others unnecessarily. All other "sins" are invented nonsense. --RAH)
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To: bvw

No, once you are in an airplane you subject to federal laws and regulations.


13 posted on 03/25/2008 10:13:29 AM PDT by Perdogg (Reagan would have never said "She's my girl")
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To: goldstategop
Since air travel is interstate... it must have uniform regulation. Only the federal government can set standards for air travel in this country.

So all airports have to charge the same landing fees and use taxes? Oh, that's right, they don't, do they? This is a matter of states rights as it is a matter of individual rights. We do not surrender our rights just because we board an aircraft.

14 posted on 03/25/2008 10:13:40 AM PDT by PeterFinn (I am not voting for McCain. No way, no how.)
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To: goldstategop

If you’re trapped in a motionless plane on the tarmac, you are clearly not traveling.


15 posted on 03/25/2008 10:14:03 AM PDT by Xenalyte (Can you count, suckas? I say the future is ours . . . if you can count.)
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To: Santa Fe_Conservative

this is a GOOD ruling.

This is to prevent idotic local state laws which screw up the rest of the country.

NY has FEDERAL representatives in Congress, THIS is where this should have been made law. Not in the brothel of the NY state legislature.


16 posted on 03/25/2008 10:14:14 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: businessprofessor

Appeal all they want, it will be upheld. The Supremes love the Interstate commerce clause.


17 posted on 03/25/2008 10:14:44 AM PDT by Perdogg (Reagan would have never said "She's my girl")
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To: Xenalyte

If you blow up, or attack, an airplane sitting on the tarmac and kill someone, you are subject to federal death penalty laws.


18 posted on 03/25/2008 10:17:11 AM PDT by Perdogg (Reagan would have never said "She's my girl")
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To: goldstategop
The proper precedent is harbormasters. Harbormasters and the control boards they work with have a great deal of local independent authority. Were there is law, it is State law and regulation, mostly. There are Federal laws and regulations but they work within the well-established framework, not toss it all out.

Airports are air harbors.

19 posted on 03/25/2008 10:18:11 AM PDT by bvw
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To: Perdogg

How is sitting still, by anyone’s definition, “traveling”?


20 posted on 03/25/2008 10:19:03 AM PDT by Xenalyte (Can you count, suckas? I say the future is ours . . . if you can count.)
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