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March 25, 2008
Airline Passengers Bill of Rights Shut Down by Feds
New York's Bill of Passengers Rights was an example for California's own bill | Photo by jetalone via Flickr
A New York state law proposed to offer airline passengers trapped aboard grounded planes at airports a baseline of humane treatment (e.g. water, air, bathroom facilities) was struck down by the 2nd Circuit U.S. Court of Appeals today. The New York Airline Passenger Bill of Rights was enacted after some high-profile incidents that had passengers stuck aboard delayed flights for hours, with overflowing toilets and no food or drink.
Plans were afoot for a similar bill here in California, but the court wrote that "if New York's view regarding the scope of its regulatory authority carried the day, 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."
The Court of Appeals ruled, however, that since airline travel is primarily an interstate affair already regulated by the federal government, it would be inappropriate for states to begin enacting a patchwork of laws of their own making. U.S. Senator Chuck Schumer: the ball is officially in your court.
Earlier: Recent incidents at LAX
Partially syndicated by Jen Chung/Gothamist
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Bad news for most people with chronic illnesses and disabilities.
I plan and pack my own meals for flights since I'm diabetic. Their "Diabetic meals" are loaded with carbs, which is exactly what we can't eat.
Coming from Texas a few years ago, planning for what was to be a 1 hour-flight with a connection to a 3 hour flight, I was stuck on the tarmac on the first plane for 6 hours. So I ate the small meal I'd packed.
Since I missed my connecting flight, they held the next plane to LA and walked me over. I told them I had to stop at the food court really fast to pick up something and they wouldn't let me because they were holding the second flight.
The second flight was then stuck on the tarmac for 8 hours. First class passengers were fed. I told the flight attendant about my diabetes, and she insisted there was no food on board even though I could see it through the curtain. When I told her I was going to pass out, she told me to drink more orange juice, which is one of the worst things to do for 8 hours. She treated me like a selfish glutton.
There are other illnesses where meds must be taken with food, there are people with hypoglycemia, etc. For some people food is medication.
Keeping people stuck on the tarmac for hours and hours is not only inconsiderate and cruel, but if no food is provided, they are in violation of the ADA.