The Passenger Bill of Rights

New York's Passenger Bill of Rights, which would require airlines to provide food, water and fresh air to passengers stuck on the ground and apply to runway delays of more than three hours, conflicts with a 1978 federal law that prohibits states from regulating airline prices, routes or services, the Second U.S. Circuit Court of Appeals in New York said in a 3-0 ruling. Read the NY Times story here.

There has been a great deal of criticism of this decision with people (including the assemblyman that sponsored the law) arguing that it is wrong for the court to favor the airlines over the needs of passengers. Personally, I agree that the requirements for the airlines to provide water and fresh air to passengers stuck on the tarmac is extremely reasonable and perhaps the bare minimum that should be expected. But the 2nd Circuit was right to strike down the law.

It’s the job of a judge to follow the law, not to do decide what the law should be. The 1978 federal law prevents states from regulating airlines because if that was allowed, there could be different laws in each of the 50 states. That would be confusing, inefficient, and probably lead to higher prices. The proper thing to do here, and something I would recommend, is for Congress to simply pass New York’s law and have it apply nationally.