NM can yank US Airways' liquor license

[FA Mikey]

NM can yank US Airways' liquor license

A federal judge has ruled New Mexico officials can keep US Airways from serving alcohol on its New Mexico flights after a passenger caused a drunken-driving crash that killed five people.

US Airways sued the state in 2007 after the New Mexico Regulation and License Department denied its application for a liquor license.

The judge's ruling means US Airways cannot serve alcohol on flights while its aircraft are over New Mexico or while grounded in the state.

Kelly O'Donnell, the department's superintendent, said Thursday she was "gratified and satisfied" by the decision.

"It is a victory, a huge victory, for public safety here in New Mexico and for other states that want to ensure their liquor laws are upheld by everybody who is selling liquor within their borders," O'Donnell said.

The Tempe, Ariz.-based airline argued that New Mexico has no authority to regulate on-board alcohol service, require alcohol training or enforce sanctions against the carrier because the state is pre-empted by federal law.

However, in a 24-page opinion issued late Wednesday, U.S. District Judge M. Christina Armijo in Albuquerque found that neither the Airline Deregulation Act nor the Federal Aviation Act can pre-empt state liquor control laws.


full article here

 

[cynic]

Given the current makeup of the supreme court, this could very well be overturned if/when it is considered by that group.

 

[flybynite]

As I understood the whole thing, the fellow who caused the accident had been drinking in the airport prior to flying. And it was a 30 min flight and may not have been served anything by US yet somehow it wasn't proved otherwise.

Anyway, we haven't been serving alcoholic drinks on the ground in NM for several years. Probably never as we don't have 1st class service on the Express flights. (I think)

It wouldn't surprise me that MADD was behind this.

 

[flyer63]

well sounds like we will have to re route over NM as can't service alchol when over the state...

maybe they should just pull out of NM... what a bunch of Morons

 

[N903AW]

As I understood the whole thing, the fellow who caused the accident had been drinking in the airport prior to flying. And it was a 30 min flight and may not have been served anything by US yet somehow it wasn't proved otherwise.

The person that killed that family also purchased and consumed several beers after he arrived in New Mexico and the empty containers were found at the accident site. Of course, the state of New Mexico conveniently pushes that aside and goes after the airline that he arrived on.

If US Airways is excluded from being able to serve alcohol, then it should apply to all other airlines as well. If not, then I think the state should bear the expense and give breathalyzers to anyone who appears intoxicated arriving in Albuquerque on the airlines that still serve alcohol. Then, rather than go after the person who is "publically intoxicated" they should go after the airline that brought them in....just as they did to America West (now US Airways).

What is really pathetic about this whole case is that the state of New Mexico, with one of the highest alcoholism rates in the country, would rather pin their problems on a corporation than take a look at what's going on in their own back yard.

 

[Itestwell]

Brilliant.

Why does the title of the article state that they "can yank" US' liquor license? Haven't they already? We haven't served booze on NM flights for over a year I thought.....

 

[FA Mikey]

Any airline serving alcohol in NM have a liquor license. At the time U have a license and the state is refusing to provide one.

In denying US Airways' liquor license, the New Mexico Regulation and License Department said it "cannot reasonably find that approval of application will protect the public health and safety or that it is in the public interest."

State regulators had twice cited US Airways for overserving passengers.

Dana Papst, who was drinking on a US Airways flight into Albuquerque in November 2006. Papst later caused a wrong-way crash on Interstate 25 near Santa Fe, killing himself and five members of a family from Las Vegas, N.M. Passengers told investigators he had been served two drinks on the flight despite already appearing intoxicated.

"The circumstances surrounding this case were tragic, but if we are to prevent that sort of thing from happening again, we must have the regulatory tools necessary for enforcement," she said.

full article here

SO NM is doing the responsible thing and enforcing existing laws.

 

[Itestwell]

What is really pathetic about this whole case is that the state of New Mexico, with one of the highest alcoholism rates in the country, would rather pin their problems on a corporation than take a look at what's going on in their own back yard.

Looks like, in addition to banning our few flights a day from serving alcohol ( ), maybe they are getting a handle on their drunks down there:

http://articles.latimes.com/2009/jul/07/na...new-mexico-dwi7

One of my favorite quotes from the "DWI Czar" of NM, Rachel O'Connor:

The problem, O'Connor said, is partly cultural. "New Mexico has typically been a heavy-drinking state," she said. And because New Mexico is so big and so rural, people drive a lot. "You can really get out and gun it," she said.


So, instead of addressing the aforementioned "cultural" issues, you blame the fact that you have to "gun it!" from bar to bar.

How about this gem from the article:

Kenny Martinez, 43, agrees that alcohol is a part of New Mexican culture. Martinez was first convicted of drunk driving in 1992 and racked up four more convictions over 15 years.

"When someone's born, we drink. When someone dies, we drink," he said. "We drink at baptismals, at birthdays. Oh, work's off, let's drink!"


Right. Banning USAir from serving liquor on an hour flight should solve your problems. Thank goodness for DWI Czars.


:blink:

 

[hp_fa]

These two are interesting, especially the second one where the judge found concurrent jurisdiction in airspace over New Mexico. I don't know what the company plans to do about this since planes are routinely flying over New Mexico all the time, such as East and Northeast flights to/from PHX, flights to/from LAS heading for Texas and Florida, and possibly transcon routes to or from PHL or CLT to/from LAX or SAN.

The judge's ruling means US Airways cannot serve alcohol on flights while its aircraft are over New Mexico or while grounded in the state.

Armijo cited two reasons the state has the authority to control the airline's distribution of alcohol.

First, she found New Mexico has "concurrent jurisdiction with the federal government over events occurring in its airspace."

Second, Armijo determined that even without such jurisdiction, New Mexico has the authority to regulate liquor moving through its territory and can take steps to prevent "unlawful diversion" of alcohol into its regulated market.

 

[Itestwell]

SO NM is doing the responsible thing and enforcing existing laws.

Right. I agree.

I wonder how many thousands of dollars of revenue US will lose, because they aren't able to serve booze on five one hour flights a day btw ABQ-PHX.

This is earth shattering. I can just see the threads now of the people that will book away. Or they'll have to binge drink in one of the various cantinas in PHX/ ABQ airports before boarding. Cracks me up they think they have actually taken steps toward solving the problem of sky- high alcoholism rates in their state....

I wonder what the company will do, pay someone off? If it starts to affect other routes, that'll get their attention.

OK, back to Sully on CNN.

 

[flybynite]

These two are interesting, especially the second one where the judge found concurrent jurisdiction in airspace over New Mexico. I don't know what the company plans to do about this since planes are routinely flying over New Mexico all the time, such as East and Northeast flights to/from PHX, flights to/from LAS heading for Texas and Florida, and possibly transcon routes to or from PHL or CLT to/from LAX or SAN.

Good grief!! I never thought about that. At what altitude constitutes New Mexico airspace? The Ozone?? Sheesh!!

Maybe someone can make the Jet Stream exempt...........

 

[hp_fa]

Good grief!! I never thought about that. At what altitude constitutes New Mexico airspace?

That is the question, isn't it?

I don't know if that could be considered something like 10,000' or lower, or if they claim concurrent jurisdiction through the highest altitudes jets fly.

I smell either an appeal or a motion to reconsider where the judge is at least asked to specify at what altitudes that her ruling establishes that New Mexico has concurrent jurisdiction. Since I am obtaining this information from a news source I don't know if her actual ruling touched on that issue.

 

[hp_fa]

I found the complete judge's ruling and have read it. After reading it I believe that the Court actually did intend to bar US Airways from serving alcohol anywhere in and over New Mexico.

Accordingly, in the absence of any statutory basis demonstrating that the Congress intended for the FAA to regulate the service of alcohol1, this Court concludes that the FAA does not preempt the field of midair alcohol service.

I don't see how the company can avoid appealing this to the 10th Circuit.

The case can be found here.

 

[back2CLT]

Airspace by definitions goes to the farthest reaches of the atmosphere....there will have to be a dry period any time the flight is over NM borders, though a liquor license isn't required for people to consume alcohol they have already been served.

Questionable ruling, and even more questionable actions by NM authorities int he first place, but it really shouldn't have any affect.

*BING* Flight attendants are now free to serve alcohol.

 

[Furloughd4now]

This should be fun:

Pax: *Ding* I'd like another Vodca Soda.

FA: I'd luv to but sorry we're flying over New Mexico and we are not allowed to serve Vodca until we pass NM Airspace.

or, better yet:

FA.: "Folks we're getting ready to fly over New Mexico Airspace and we're not allowed to serve booze for the next 25 minutes, so get it now or wait" *Ding*, *Ding*, *Ding*, *Ding*......

Can't wait