Last year, New York passed its New York State Passenger Bill of Rights which, among other things, requires an airline to provide food, water, clean toilets, and fresh air to passengers trapped in a plane delayed on the ground. The Second Circuit U.S. Court of Appeals put the kibosh on the brand-new Passenger Bill of Rights (PDF link), however, finding that the Bill of Rights is preempted by a federal law, the Airline Deregulation Act of 1978.
(FYI, the Supremacy Clause of the U.S. Constitution says that state laws that “interfere with, or are contrary to” federal law are invalid, and the Airline Deregulation Act of 1978 specifically invokes the Supremacy Clause to preempt state laws that interfere with it.)
While the Second Circuit’s interpretation of the preemption clause in the Airline Deregulation Act of 1978 seems at least reasonable, I have to wonder whether the air travel industry would have been better off losing this case. Now they just look like inhuman jerks who do not want to be bothered with giving trapped passengers some very basic creature comforts. Like air to breathe and a place to pee.
[via CNN]
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