Court Strikes Down Passenger Rights Bill in NY

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KimJ
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25 Mar 2008, 6:50 pm

story on Yahoo

Quote:

By LARRY NEUMEISTER, Associated Press Writer Tue Mar 25, 2:32 PM ET

NEW YORK - A federal appeals court Tuesday struck down a state law requiring airlines to give food, water, clean toilets and fresh air to passengers stuck in delayed planes, saying the measure was well-intentioned but stepped on federal authority.
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The 2nd U.S. Circuit Court of Appeals said New York's law — the first of its kind in the country — interferes with federal law governing the price, route or service of an air carrier.


I have to agree with the Court's ruling. It's silly for a state to pass a law governing interstate transportation and the private sector. While the circumstances are unacceptable I think there are better alternatives. For one, the Feds should require the airlines to grant permission for those passengers that wish to depart the plane. Ice storms, massive delays or mechanical failure are things that can take many hours and passengers should not be "held captive" and threatened with criminal charges if they try to leave. There are many people who are diabetic, have mental illness and other issues that make being trapped in a plane for hours too much to bear.
However, I think it's too extreme to require an airline to "entertain" and cater to customers when they may have overbearing circumstances. For one, who is liable for the extra expense? Will there be a surcharge for delays? Will the airlines eat it? Will they sue someone for not letting them fly?

I stopped flying a while ago and hope I never have to fly-especially with my son who could flip out and get us kicked off. It just sounds so miserable these days.



MusicMaker1
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26 Mar 2008, 1:31 am

I agree with you. The passengers should definitely have permission to leave the plane and walk around the secure area of the airport... just like they do before they board the plane. I don't know why they can't come up with a law at the federal level that could fix this problem.

I can't imagine being stuck on a grounded airplane for 10 hours and told that if I try to leave I will be arrested and there will be NO water, NO food or access to clean toilets/toilet paper. That is really inhumane. They need to fix that problem ASAP. I wonder if other countries do that to their citizens? seriously, not trying to be sarcastic.. What have other countries done about that issue? They need to make provisions for those passengers and it needs to be a law somehow.. Maybe they can draft the law in another form -- whatever the case, that really should never be allowed to happen to people.. Even cellmates in the prison system have access to water, toilet and food...

Here's an article:
NEW YORK (CNN) — A federal appeals court Tuesday struck down a New York law mandating that airline passengers stranded on a tarmac for more than three hours receive access to on-board restrooms, food, water and fresh air.

The 2nd U.S. Circuit Court of Appeals, in its ruling, said the issue falls under national regulations regarding air travel and airspace management. If the law were allowed, it said, “another state could be free to enact a law prohibiting the service of soda.”

Then-New York Gov. Eliot Spitzer signed the measure into law in 2007 after its passage by the state legislature. The law followed an incident at John F. Kennedy International Airport in which airline passengers were confined in a plane stranded on the tarmac for up to 10 hours. Some passengers claimed they had no access to food, water or bathrooms.