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Passenger rights law struck down

AIRPORTS | Court calls it 'laudable' legislation but says it's a federal issue, not up to N.Y. state

March 26, 2008

NEW YORK -- A federal appeals court Tuesday struck down a state law requiring airlines to give food, water, clean toilets and fresh air to passengers stuck in delayed planes, saying the measure was well-intentioned but stepped on federal authority.

The 2nd U.S. Circuit Court of Appeals said New York's law -- the first of its kind in the country -- interferes with federal law governing the price, route or service of an air carrier.

The law was passed after thousands of passengers were stranded aboard airplanes for up to 10 hours on several JetBlue Airways flights at Kennedy International Airport on Valentine's Day last year. They complained they were deprived of food and water and that toilets overflowed.

The law was challenged by the Air Transport Association of America, the industry trade group representing leading U.S. airlines.

The court said that while the goals of the law were ''laudable'' and the circumstances prompting its adoption ''deplorable,'' only the federal government has the authority to pass such regulations.

In a statement, the air transport association said the ruling vindicates their position that airline services are regulated by the federal government and that a ''patchwork'' of measures would not benefit customers.

A recent federal report showed that about 24 percent of flights nationally arrived late in the first 10 months of last year, which was the industry's second-worst performance record since comparable data began being collected in 1995.

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