Washington Injury Law Blog

Airline passengers took another hit on Tuesday when a Federal appeals court tossed out the State of New York’s law requiring airlines to give food, water, clean toilets, and fresh air to passengers stuck in delayed planes.

The Court concluded that the law was well-meaning but stepped on and interfered with federal law governing air carriers. The Court went on to say that only the federal government has the authority to pass such regulations. The New York passenger bill of rights law was being watch by Washington legislators and much of the country for guidance on enacting similar laws in all states.

At this point it is unlikely any other State will pass a passenger bill of rights law. Once a federal court has issued a ruling on a new legal issue  - other federal courts will look to that court decision for guidance, and will likely follow its lead. For example – if Washington passed a passenger bill of rights law – a federal lawsuit would be filed and the 9th Circuit Court of Appeals – which decides Washington cases involving federal law issues – would likely follow this federal decision about New York’s law.

Airline Passenger Bill of Rights is now for all intensive purposes dead at the State level. Only action by the federal government – i.e. the U.S. Congress – will be able to stop the airline abuses that passengers suffer when stuck in a plane on the ground for hours on end . Let’s hope the next U.S. President will help us because Bush is unlikely to sign such a law even if passed by Congress.

Source: Seattle PI