Wright amendment splits lawmakers
With some willing to side with Southwest, fight is likely to escalate
12:17 AM CST on Friday, February 11, 2005
By TODD J. GILLMAN / The Dallas Morning News
WASHINGTON – With the push to overturn flight restrictions at Dallas Love Field heating up, a schism has emerged among North Texas lawmakers.
Three of the region's eight House members – all from the Dallas side – say it's time to loosen or scrap the 25-year-old Wright amendment.
"I think it's outlived its usefulness," Rep. Sam Johnson, R-Plano, said Thursday. "That doesn't mean it's going to get repealed this year."
The willingness of Dallas-area lawmakers to openly side with Southwest Airlines Co. against American Airlines Inc. represents a fresh threat to American and Dallas/Fort Worth International Airport.
Both have been scrambling to tamp down calls for a new look at the law, which limited service from Love Field to Texas and surrounding states. Eight years ago, Congress added Alabama, Mississippi and Kansas.
American chief executive Gerard Arpey had breakfast Wednesday with eight Texas lawmakers. Southwest's top lobbyist, Ron Ricks, gets his shot next week, lawmakers said.
Civic leaders in Tennessee and other states eager for long-haul service to Love Field were working Capitol Hill this week, too.
But key members of the Texas delegation remain committed to the Wright amendment, including House energy and commerce Chairman Joe Barton, R-Ennis, who represents part of Fort Worth.
"I appreciate what's best for Southwest Airlines, but that doesn't mean that's what's best for the country," he said.
Sen. Kay Bailey Hutchison, R-Texas, who also met with Mr. Arpey on Wednesday, is also reluctant to tamper with the law. She noted that Delta Air Lines Inc. has shut its hub at D/FW, leaving dozens of gates empty and American with an overwhelming market share.
"My responsibility is to make sure that we keep the commitments made to the two communities [Dallas and Fort Worth] for D/FW Airport to be the major airport and to stay economically healthy," she said.
Former Transportation Department official Patrick Murphy, an aviation lobbyist in Washington for airlines other than American and Southwest, said the fight is "all intramural at this point."
But any lack of unanimity among the North Texans marks a significant step in Southwest's quest, he said. "Dividing the delegation is important," he said. "The first step, and it is often the largest, is to get Congress engaged."
Rep. Jeb Hensarling, R-Dallas, whose district stretches from East Dallas to East Texas, was also enthusiastic about repealing Love Field flight restrictions.
"Whatever rationale there was at one time for the Wright amendment, I think we have grown way beyond it," he said. "There's not one resident of the 5th Congressional District that doesn't have to drive past Love Field on the way to D/FW."
Rep. Pete Sessions, R-Dallas, said that once Southwest began to oppose the amendment in November, it forced everyone to reconsider the status quo.
"We do have to look at it," Mr. Sessions said. "We need better fares. We need more competition."
Most other Dallas-area lawmakers say they're firmly behind the Wright amendment.
Several said they weren't sure how flight restrictions could legally be lifted. "A contract is a contract," said Rep. Ralph Hall, R-Rockwall.
But Southwest chief executive Gary Kelly has said "there's no written, oral, moral or ethical obligation by Southwest" to uphold the Wright amendment.
Lawmakers from beyond North Texas are staying on the sidelines, including the most powerful Texan of all, House Majority Leader Tom DeLay, R-Sugar Land.
"All the activity on that is up in Dallas-Fort Worth. I'm from Houston," he said. "I'd just as soon not get into it right now, until they come to some understanding."
Tennessee's efforts
Officials with several Tennessee business groups were in Washington this week drumming up support for repeal.
Wright Amendment Letters
Letter from Nashville (pdf)
D/FW letter to Tampa (pdf)
Southwest letter to Tampa (pdf)
"The prices are entirely too high," said Bob Clement, a former Nashville congressman who is vice chairman of the Nashville Area Chamber of Commerce's transportation committee. "It's just not fair. It might have made sense years ago, but it's outdated and obsolete."
Mr. Clement expects to see a bill filed within a few months, and Tennesseans will use that time to find allies in other states. They're also hoping to enlist one of their own, Senate Majority Leader Bill Frist, R-Tenn.
But Mr. Frist remained noncommittal. "We are carefully listening to all sides and we want to make the best decision for Tennessee," said spokesman Nick Smith.
Rep. Michael Burgess, R-Flower Mound, predicted that the efforts won't bear fruit: "What happens in Tennessee stays in Tennessee."
Kevin Cox, D/FW's chief operating officer, also said he doubts Congress will alter or repeal the Wright amendment.
"We feel sure Congress will see fit to allow this issue to be resolved locally, as it was 30 years ago," he said.
He criticized efforts by Tennessee airport and business leaders.
"American has slashed their fares substantially and provided an excellent level of service at Nashville," Mr. Cox said. "If they want additional options, then they should suggest Southwest come to D/FW."
Letter campaigns
A quiet campaign has been under way for several months. In December, Southwest and D/FW wrote to several major U.S. airports seeking support.
In one letter, Mr. Ricks, a Southwest senior vice president, called the restrictions "burdensome and outdated. ... All markets currently served by Southwest Airlines have a stake in the outcome."
D/FW chief executive Jeff Fegan urged officials at other airports to stay out.
"As I would never seek to alter how your airport is operated or managed, I respectfully ask that you resist any efforts to involve your airport in the repeal of the Wright amendment," he wrote.
The president of Nashville's airport authority, Raul Regalado, replied in a letter that he could not support the "continued and individual protection" of D/FW and American.
Airport officials in Phoenix, Houston and Oakland, Calif., said Thursday that they would stay neutral. Others in Baltimore and in Tampa and Fort Lauderdale, Fla., are considering the matter.
"What I have to do is what is in the best interest of our community, and that is to get as many nonstop markets as we can get, and to get as much low fare service as possible," said Louis Miller, Tampa's airport director.
Southwest spokesman Ed Stewart declined to discuss the airline's lobbying efforts Thursday. American spokesman Tim Wagner said the airline will continue to press its case in Washington.
Staff writers Suzanne Marta and Vikas Bajaj in Dallas contributed to this report.
E-mail tgillman@dallasnews.com
A WRIGHT TIMELINE
Here are key events in the recent debate over the Wright amendment:
2004
September: Delta Air Lines Inc. announces it will close its hub at Dallas/Fort Worth International Airport, reducing its daily schedule here from 254 nonstop flights to 21.
U.S. Rep. Marsha Blackburn (R-Tenn.) introduces a proposal that would allow flights between Dallas Love Field and Tennessee. The bill expires at the end of the session.
November: Southwest Airlines Co. CEO Gary Kelly says the carrier considered filling some of Delta's void at D/FW, but decided against it.
Instead, Mr. Kelly calls for repeal of the Wright amendment, which restricts the carrier to serving only nearby states from its home airport, Love Field.
D/FW and American Airlines Inc. express strong support for continuing the limits.
Some members of the Texas Congressional delegation agree, while others say they're open to hearing more before deciding.
The mayors of Dallas and Fort Worth send letters to the Texas congressional delegation, expressing concern over attempts to change the Wright amendment.
December: D/FW Airport releases a study showing the North Texas economy will lose $782 million annually as a result of Delta's move.
Dallas Mayor Laura Miller meets with Southwest chairman Herb Kelleher, and says she could envision some day lifting the Wright amendment if it wouldn't hurt D/FW Airport.
2005
January: D/FW Airport offers free rent and other incentives to lure airlines to fill the 24 gates that Delta will vacate at the end of the month.
Southwest declines to accept the package, saying it's still not interested in flying from D/FW. Multiple airlines express interest in the gates, D/FW says. A source says one of them is AirTran Airways Inc.
Mayor Miller meets with American CEO Gerard Arpey. Later, she and Fort Worth Mayor Mike Moncrief ask Southwest to reconsider flying from D/FW.
February: Pace of lobbying efforts appears to pick up on Capitol Hill.
SOURCE: Dallas Morning News research
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