home

2nd Circuit Tosses Passenger Bill of Rights Law

By Jeralyn, Section Court Decisions
Posted on Tue Mar 25, 2008 at 12:02:35 PM EST
Tags: (all tags)
Share This: Digg! StumbleUpon del.icio.us reddit reddit

Does anyone not hate flying anymore? Remember the plight of the passengers stranded for hours on runways due to weather who were not be allowed to deplane?

Those experiences were part of what led to the New York's passage of the Passenger's Bill of Rights Law. Today, the Second Circuit ruled the law invalid:

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 Court held only the feds have the power to make these kind of rules. The case is Air Transport Association v. Cuomo, 07-5771, U.S. Court of Appeals for the Second Circuit (Manhattan).

< Rasmussen Poll : Hillary 46, Obama 43 | Tuesday Open Thread >

  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


    • Display: Sort:
    2nd Circuit Tosses Passenger Bill of Rights Law | 5 comments (5 topical)

    Readers Must Login or Create an Account to Comment

    I used to be a flyer (5.00 / 1) (#1)
    by zfran on Tue Mar 25, 2008 at 12:17:31 PM EST
    and had a job that had me flying all of the time. Since all the "rules" and regs have changed, I have stopped flying period. The hassles, the unfriendly skies, the rudeness, the "our airline comes first" attitude, among other things make me unwilling to fly, not to mention we cannot fly as innocents and away from the eye of "big brother" anymore. I'd rather drive, or stay home!!! I hope one of these judges that have ruled upon this gets stuck on the tarmac without provisions, or toilets, or anything. I realize justice is blind, but dumb, too???!!!

    A hero bill... (5.00 / 1) (#3)
    by oldpro on Tue Mar 25, 2008 at 12:31:31 PM EST
    comin' right up!

    Earth to congress - airline passengers need a bill of rights and only a federal law will do.

    Hillary?  Barack?  McCain?

    Whose staff is alert?!

    That's disgusting! (none / 0) (#2)
    by stillife on Tue Mar 25, 2008 at 12:25:26 PM EST
    Last year, my plane was stuck on the tarmac at JFK for 2 hours due to some mechanical malfunction.  The power was off and even though it was winter, the plane got hot and stuffy. I was thirsty but I hadn't brought any water on board due to the restrictions. After about an hour, the flight crew came out with bottles of water - but only for the folks in 1st class!  

    I know my experience was nothing compared to what other travelers have been through.

    I hate flying.

    Flyers can get arrested for opening a door (none / 0) (#4)
    by jerry on Tue Mar 25, 2008 at 12:54:49 PM EST
    Are there any other situations when law abiding citizens cannot leave a facility?

    Why hasn't a federal law been created?  Who in the house or senate could vote against that?

    Since this is a New York case, this is a perfect opportunity for Clinton to immediately propose a law, she can use the NY law as boiler plate. This is also a perfect opportunity for Obama to out maneuver Clinton.  And in fact this is a perfect opportunity for both candidates to attack the Bush Administration.

    This is such a perfect opportunity that I am certain both campaigns will get together by the evening news tonight with their proposals....

    Anyone want to bet against this?

    I am now afraid (none / 0) (#6)
    by PlayInPeoria on Tue Mar 25, 2008 at 02:59:33 PM EST
    to fly. I'm a diabetic. I cannot sit on a plane for hours without food, water and sanitary accomidations.

    So if I go into diabetic shock... what ... then I just die?

    My only other option is to pack dry food (not liquids) and then purchase fruit juice after passing through security.

    I have to have a doctors note just to bring testing supplies for diabetes on board a plane.

    Someone is going to die because of this.... considering that the airline can't even keep their own onboard medical supplies stocked.

    2nd Circuit Tosses Passenger Bill of Rights Law | 5 comments (5 topical)

    Readers Must Login or Create an Account to Comment