The ATA's argument is that New York's passenger bill of rights would lead to a mishmash of state laws that would hamper the airlines' ability to provide uniform service nationwide. That's nonsense. Companies that have branches or franchises in different states routinely deal with a patchwork of state laws affecting everything from employee rights, environmental standards, minimum wages and more.
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It's discouraging that a federal appeals court has overturned New York's airline passenger bill of rights. However, the setback is no reason for New York to back down. Attorney General Andrew Cuomo should defend the state law all the way to the Supreme Court. The stakes are that high.
New York became the first state in the union to finally do something about airline passengers who were left to sit on a tarmac for hours, often without access to clean water, food and clean toilets. Ideally, the airlines themselves would have found some way to provide relief in an attempt to keep their customers comfortable. But while some carriers have taken steps to provide relief for stranded passengers, others have yet to show any indication of following suit. That should have been reason enough for Washington to take action. Instead, Congress has yet to approve a federal passenger bill of rights.
Smacked Down by ATA
Thus, New York stepped forth with its own law that spells out what stranded passengers can expect to receive from airlines in the event of long delays. The law withstood a challenge in a lower federal court, and it was widely believed that the statute soon would be copied by other states.
Instead, the Air Transport Association, which represents the industry, won its challenge to New York's law on Tuesday, when a federal appeals court ruled that New York state does not have the authority to supersede a federal law governing the price, route and services of an airline. To uphold New York's law, the ruling found, would lead to a mishmash of state laws that would hamper the airlines' ability to provide uniform service nationwide.
For Now, Don't Count on Congress
That is so much nonsense. Companies that have branches or franchises in different states routinely deal with a patchwork of state laws affecting everything from employee rights, environmental standards, minimum wages and more. Yet these companies have been able to provide a uniform standard of service to customers. Why should airlines be considered an exception?
As for the federal law that now governs airline services, it is clearly inadequate. It's also clear that the airline industry is quite content with the status quo. So what is a state to do? Throw up its hands at the plight of stranded passengers?
New York should make its case for airline passengers the same way it and other states have been granted the right by Washington to exceed federal clean air standards for vehicles sold within their boundaries. That arrangement -- which regrettably is being fought by the Bush administration -- nicely balances the rights of the state with the power of the federal government. Ideally, Congress would pass legislation that guarantees passenger rights nationwide. But that's a remote possibility. For now, the best recourse is to appeal to the Supreme Court to rule on the side of passengers, and common sense.
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