• Print
• E-mail
• Add to My Trips

A U.S. appeals court today threw out New York's airline "passenger bill of rights," a law guaranteeing delayed travelers fresh air and working toilets, saying that to let it stand would encourage different laws in every state.

The U.S. Court of Appeals in Manhattan ruled that the 2007 law, which applies when flights have been delayed on the ground for more than three hours, is preempted by a 1978 U.S. statute that regulates air-carrier service.

If the New York law were allowed to stand, the court wrote, "another state could be free to enact a law prohibiting the service of soda on flights departing from its airports, while another could require allergen-free food options on its outbound flights, unraveling the centralized federal framework for air travel."

New York passed the law after a series of incidents in 2006 and 2007 when long delays at city airports resulted in travelers going without food or water while planes stood on the tarmac, according to the ruling. A lower-court judge upheld the law in November. The Air Transport Assn., a trade group for airlines, appealed.

The ATA hailed today's ruling as a vindication of its position.

"A patchwork of laws by states and localities would be impractical and harmful to consumer interests," the group said in a statement.

But backers of the New York law said the ruling harmed consumers.

"The court's decision is a disappointment to anyone who has suffered at the hands of airlines that care more about profits than their customers," said New York Assemblyman Michael Gianaris (D-Queens), a chief sponsor of the law.

New York Sen. Charles Fuschillo Jr., a Republican co-sponsor of the bill, said he was "stunned by the audacity of the airline industry which fought so hard to deny the flying public simple basic rights like being able to use a restroom or get a drink of water while stranded on a delayed plane."

Fuschillo added: "I am hopeful that the appeals process by the State of New York will continue for the protection of all New York air passengers."

Jeffrey Lerner, a spokesman for New York Atty. Gen. Andrew Cuomo, did not return calls seeking comment.

Associated Press reporter David Glovin contributed to this report.