City of Dallas tells Delta it can no longer fly out of Love Field

[WNMECH]

For DL to file a law suit it will have to show harm. They would also have to show that it used all forms of remedy to salve the issue. By asking all parties for relief and receiving none the case is now ripe for the courts. On the 13 th DL will be harmed and therefore should seek relief . The wright amendnent is dead so now DAL is just another airport that other airlines can seek service.

 
Not exactly.
The Wright Amendment has been replaced with the Wright Amendment Reform Act Of 2006.
 
http://www.gpo.gov/fdsys/pkg/PLAW-109publ352/pdf/PLAW-109publ352.pdf
 
This now is the Federal Law that controls Dallas Love Field and how other airlines can seek service.
Love Field is not just another airport.
Airlines wishing to serve Love have to follow the procedures in this Federal Law now.
Those provisions are spelled out in the "Scarce resource provision of the existing Love Field Leases".
 
To accommodate
new entrant air carriers, the city of Dallas shall honor the scarce
resource provision of the existing Love Field leases.
 
People keep arguing that Delta isn't a "new entrant".
That really doesn't matter. They would still have to be subject to the "Scarce resource provision of the existing Love Field Leases".
 
And that is where Delta loses.
 
http://www.dallas-lo...etitionPlan.pdf
 
Exhibit C to this Report is the standard “scarce resource
provision” in those leases.
 
 
 In the case of a conflict between schedules of Lessee and the requesting airline, the Lessee shall have preferential use of its personnel and its Terminal Lease Area.

 

[southwind]

So, how long before Atl. kicks SW to the curb?

 

[metopower]

Your logic of using a document from 2001 is not relevant. Almost as much as this response to it. It will depend on the courts and what legal challenge that will be made. The Wright amendment was to prevent interstate airline traffic and those airlines from returning to DAL not to protect airline occupants of DAL. The fact that it was amended to allow traffic to adjacent states over the years is not the issue. Competition is the issue and if the landscape has changed so should the division of the gate space.

 

[topDawg]

So, how long before Atl. kicks SW to the curb?

Right after never. 
 
you wont see any other cities/airports jump into this pissing contest. 

 

[WNMECH]

Your logic of using a document from 2001 is not relevant. Almost as much as this response to it. It will depend on the courts and what legal challenge that will be made. The Wright amendment was to prevent interstate airline traffic and those airlines from returning to DAL not to protect airline occupants of DAL. The fact that it was amended to allow traffic to adjacent states over the years is not the issue. Competition is the issue and if the landscape has changed so should the division of the gate space.

 Really?
 
http://www.dallas-lovefield.com/resources-love-field-competition-plan.html
 
City of Dallas Airport Competition Plan is still in force today.
You can read the updates to it in 2003
 and 2005 at the link above.
The reason I posted it was to let you read the "scarce resource provision".
It is the authority as listed in the Wright Amendment Reform Act of 2006.
 
The issue is the federal law that was passed to address this very subject, and I posted it for you.
I also posted the relevant sections that determine how gates are to be used.
I laid out a completely accurate picture of the Law in force at Love Field.
 
Just because the Federal Law and the Airport completion plan were not passed this year, does not make them irrelevant.
 
They are still the authority.
 
Try reading it instead of dismissing it as outdated.
It is not.
 
Also, The Wright Amendment Reform Act of 2006, repealed the Wright Amendment and is the Law governing Love Field. It is the very reason Delta is leaving Love Field, and is very relevant.

 

[WNMECH]

So, how long before Atl. kicks SW to the curb?

 
I think WN has about 32 gates still at ATL.
We clearly don't need that many after changing from a hub system of banking flights to a point to point system spreading out flights through out the day. 
 I am curious as to what we will do with all those gates.

 

[WNMECH]

 Really?
 
http://www.dallas-lovefield.com/resources-love-field-competition-plan.html
 
City of Dallas Airport Competition Plan is still in force today.
You can read the updates to it in 2003
 and 2005 at the link above.
The reason I posted it was to let you read the "scarce resource provision".
It is the authority as listed in the Wright Amendment Reform Act of 2006.
 
The issue is the federal law that was passed to address this very subject, and I posted it for you.
I also posted the relevant sections that determine how gates are to be used.
I laid out a completely accurate picture of the Law in force at Love Field.
 
Just because the Federal Law and the Airport completion plan were not passed this year, does not make them irrelevant.
 
They are still the authority.
 
Try reading it instead of dismissing it as outdated.
It is not.
 
Also, The Wright Amendment Reform Act of 2006, repealed the Wright Amendment and is the Law governing Love Field. It is the very reason Delta is leaving Love Field, and is very relevant.

The link I posted does not show the 2009 update to the Competition plan.
It is here.
 
https://www.scribd.com/doc/241627883/Why-Delta-Thought-It-Was-Going-to-Stay-at-Love-Field
 
I cant copy and paste from this update, but Appendix 1 is the Scarce Resource provision and has the relevant language.

 

[swamt]

Southwest CEO says it will use United gates at Love Field for overflow
 
Some new news on how SWA will use the gate from UAL.  Only from overflow...

 

[WorldTraveler]

meto,
the WN kids would like to think they are special and DAL is exempt from all of the other rules.... that is the way WN has always operated.

DAL IS a federal airport and has to meet the same entry requirements which do not allow ANY federal airport to put up a no vacancy sign to other airlines.

WN is good at trying to work around rules but they will have to adapt to the reality of working within the same federal laws that have allowed, surprise, surprise, WN to grow into some of the same airports where the legacy carriers have been strong for years.

the quid is that DL just might decide to start pushing legislation to limit access to other airports from DAL if other carriers can't serve it.

don't think it couldn't happen.

 

[700UW]

So since Delta has the majority of the slots at LGA then let then give up slots so any airline can fly there. So what's good for the goose is good for the gander.

 

[WNMECH]

meto,
the WN kids would like to think they are special and DAL is exempt from all of the other rules.... that is the way WN has always operated.

DAL IS a federal airport and has to meet the same entry requirements which do not allow ANY federal airport to put up a no vacancy sign to other airlines.

WN is good at trying to work around rules but they will have to adapt to the reality of working within the same federal laws that have allowed, surprise, surprise, WN to grow into some of the same airports where the legacy carriers have been strong for years.

the quid is that DL just might decide to start pushing legislation to limit access to other airports from DAL if other carriers can't serve it.

don't think it couldn't happen.

 
It seems that it is Delta who thinks that Federal Law and Gate Lease contracts don't apply to them in this case.

 

[WorldTraveler]

So since Delta has the majority of the slots at LGA then let then give up slots so any airline can fly there. So what's good for the goose is good for the gander.

Except DL doesn't even own 50% of the SLOTS at LGA.

And DAL is NOT slot controlled. There are federal laws requiring access for facility constrained airports.

And the government has acted to provide competition for SLOT controlled airports.

WN benefitted from the latter but wants to pretend it is exempt from the former. It isn't and won't be.
 
 

It seems that it is Delta who thinks that Federal Law and Gate Lease contracts don't apply to them in this case.

it is DAL's problem that they created gate leases which do not provide the necessary requirements to meet federal law. I can assure you that DAL's gate leases will be reworked and revised before federal law is.

 

[WNMECH]

Except DL doesn't even own 50% of the SLOTS at LGA.

And DAL is NOT slot controlled. There are federal laws requiring access for facility constrained airports.

And the government has acted to provide competition for SLOT controlled airports.

WN benefitted from the latter but wants to pretend it is exempt from the former. It isn't and won't be.
 
 

it is DAL's problem that they created gate leases which do not provide the necessary requirements to meet federal law. I can assure you that DAL's gate leases will be reworked and revised before federal law is.

 
Sorry for Delta, but this Federal Law gives the COD and Love Field exceptions to those requirements.
 
 
http://www.gpo.gov/fdsys/pkg/PLAW-109publ352/pdf/PLAW-109publ352.pdf

 

[WorldTraveler]

wrong. read the document you just posted

it allows DAL to FIT in with federal laws, not be exempt from them.

don't argue with me. pay off COD and see if they can convince the federal judge. that's the WN way.

 

[WNMECH]

wrong. read the document you just posted

it allows DAL to FIT in with federal laws, not be exempt from them.

don't argue with me. pay off COD and see if they can convince the federal judge. that's the WN way.

 Wrong,
The exemptions are listed there.
You read it.
 
Go ahead and paste the parts that you think support your case, and I will paste the exemptions.