"Beginning Jan. 1, airlines operating at New York airports will be required to provide passengers who are delayed on planes for three hours with water, snacks, and working toilets under the first law of its kind in the nation, which was signed Wednesday night by Gov. Eliot Spitzer.

But an organization representing major airlines, the Washington, D.C.-based Air Transport Association, said yesterday it may file a lawsuit to block the new law, dubbed the Airline Passengers' Bill of Rights. A spokesman said the is "disappointed" in the law and thatlegislating such services is not practical.

The law creates an Office of Airline Consumer Advocate within the state Consumer Protection Board. The advocate will refer any violations to the state attorney general's office, which can seek a civil penalty of up to $1,000 per passenger per violation by an airline.

The law grew out of widespread passenger complaints after huge delays during the winter at some airlines, including JetBlue Airways Corp. of Forest Hills and American Airlines, the world's largest carrier. JetBlue stranded thousands at Kennedy Airport on Valentine's Day after a snow and ice storm blanketed the East Coast.

Federal law restricts what states can do when it comes to air travel, specifically prohibiting states from requiring that passengers be allowed to get off airliners delayed on the ground for hours. But states can require airlines to provide amenities for air travelers, according to the bill's two sponsors -- state Sen. Charles Fuschillo (R-Merrick) and Assemb. Michael Gianaris (D-Astoria). Fuschillo is chairman of the Senate Committee on Consumer Protection.

"Anytime something is done that makes big business unhappy, their first response is to go to court and challenge it," said Gianaris. "I'm very confident the new law in New York State is legally sound and will withstand any challenges from the industry."
Fuschillo said he was delighted the legislation was signed into law. "Consumers pay a lot of money to fly," he said. "They should be treated with a lot better respect than they have been."

David Castleveter, the ATA spokesman, insisted the New York State law is pre-empted by the federal Airline Deregulation Act of 1978. Under deregulation, Castleveter said, government cannot regulate fares or service. "We're reviewing our options, including the possibility of a legal challenge," he said." [Via Newsday.com]

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