Federal Judge Backs Controversial War on Air Travel in Westchester, New York – May Expel JSX
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Federal Judge Backs Controversial War on Air Travel in Westchester, New York – May Evict JSX
A federal judge has ruled that Westchester County Airport can limit flights from private terminals by carriers that sell seats to the public. However, the decision will be appealed and operations will continue as normal in the meantime.
Westchester County wishes it didn’t have an airport. But it can’t close it. It received federal subsidies, so federal rules apply. Still, it’s making it as difficult as possible to operate the airport because of the noise and because for the area’s hedge fund managers, making commercial air travel expensive and inaccessible means keeping out the undesirables.
Westchester County’s executive director, in office since 2018, has been hostile to any use of the airport. The county denied FBO operator Million Air the ability to build a new terminal to which it was contractually entitled for reasons deemed “unreasonable as a matter of law.”
In 2022, Westchester sued Blade, JSX and XO for selling flights with more than 9 seats while using private terminals at the airport.
In January 2022, the airport adopted a new policy requiring these carriers to operate out of the main terminal, with TSA screening rather than handling their own screening under TSA-approved procedures. (This would also make them subject to the lottery system, limiting their operations.)
Two months later, they filed suit, but reached an agreement not to enforce their rule until they obtained a court order following their lawsuit (which allowed the airport to avoid a preliminary injunction against them while the courts determine whether the airport’s rules violate federal law).
U.S. District Judge Philip M. Halpern, appointed by President Trump to sit in the Southern District of New York at the suggestion of Fox News commentator Jeanine Pirro (the former wife of Judge Halpern’s law firm partner who was convicted of tax fraud), issued a ruling that the airport could enforce its terminal use rules, arguing that the airport has the latitude to set security and operating limits. Ironically, at least one member of the Trump family is a customer of JSX of Westchester.
This allows the airport to expel operators from private terminals and subject them to flight restrictions within the main terminal, Maintaining the privacy of private air travel. JSX said they would “challenge the opinion on appeal.”
The decision also has implications for Bark Air, the upstart premium dog airline that flies Gulfstream G5s between New York, Los Angeles and London. Its first commercial flight, operated by Talon Air, took place on May 23. It offers service for up to 15 dogs and their owners, operating out of private terminals — no crates or carriers, and with toys, blankets and treats. When a dog buys a $6,000 one-way ticket from New York to Los Angeles, the owner gets free flights within the New York area from Westchester.
Credits: Bark Air
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