THE LAW IS AN ASS
By Birdsong 3/30/08
The law had been passed after thousands of passengers were stranded for up to ten hours on several JetBlue Airways flights at Kennedy International Airport on Valentine’s Day in 2007. The passengers complained of being deprived of food and water and that the toilets overflowed. A month later passengers of other airlines were stranded aboard other airlines at Kennedy after an ice storm.
The law was challenged by the Air Transport Association of America, the industry trade group representing leading U.S. airlines.
The Second Circuit held that though 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.
Birdsong who does understands the federal preemption doctrine nevertheless says: Sir, if that is the law then the law is an ass!
See: Air Transport Ass’n of America, Inc. v. Cuomo, No. 07-5771-cv, slip op (2d Cir. March 25 2008). 2008 U.S. App. Lexis 6130