Airline Passenger Bill Of Rights Suffers Setback At State Level
As recently discussed, numerous advocacy groups have joined together to attempt to create what has since become referred to as "Airline Passenger Bill of Rights." In response, a number of states have passed or are in various stages of implementing consumer protection laws directed to protect alleged "rights" for air travelers. At the state level these proposals have appeared in various "patchwork" forms. New York was the first such state to officially enact a passenger bill of rights consumer protection statute. Recently a federal appeals court has struck down that law ruling that while the goals of the law were "laudable" and the circumstances prompting its adoption "deplorable," only the federal government has the authority to enact such legislation. Ironically, although those states that have under-taken measures to enact such laws have done so in effort to protect similar shared consumer interests, it is more than likely that their collective failures to enact identical measures have and/or may prove significant in their own undoing. Although addressing New York's view only regarding the scope of its regulatory authority, the Court noticed that if such a view were permitted to carry the day, other states could also enact laws that would/may impose different duties/obligations upon air carriers that ultimately would unravel the centralized framework for air travel. This recent decision, although serving as a sort of set-back to the various advocacy groups at the state level, far precludes this issue from garnering additional attention. It remains to be seen whether interested groups will appeal the recent decision or consider other additional avenues that may remain available in light of the recent decision. For example, at the state level, new laws may be proposed. State coalitions may be established to unify proposed legislation thereby potentially alleviating the fear that such laws would erode the centralized framework for air travel. Ultimately, additional pressure upon the federal government to enact a bill of rights may yet yield the greatest likelihood of establishing such a consumer protection law. One thing that remains certain is that this issue will continue to remain a hot topic within the aviation industry for the indeterminate future.
