New Mexcio vrs US Airways, alcohol and airspace (Full Version)

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Vendaval -> New Mexcio vrs US Airways, alcohol and airspace (10/10/2009 9:31:50 PM)

This case presents an interesting scenario.  Do individual states have the right to determine whether alcohol can be sold in airline flights above their airspace?  Are airlines liable in the event that a passenger becomes intoxicated from being served alcohol on a flight and then cause a motor vehicle accident on the ground afterward?

"New Mexico orders US Airways to stop serving alcohol"
Updated 1/30/2007 8:58 AM ET

By Sue Major Holmes, Associated Press Writer

"The cease-and-desist order came as authorities discovered the airline lacked the required public service liquor license while they were investigating a fatal drunken driving crash caused by a man who allegedly was intoxicated on a US Airways flight to Albuquerque, said Ed Lopez, superintendent of the state Regulation and Licensing Department.
"We're interpreting it to apply to all US Airways flights scheduled to arrive in or depart from New Mexico," Lopez said of the order. "They should not be selling alcohol while in New Mexico airspace."
The lack of a liquor license means it's "effectively bootlegging" when the airline serves liquor, he said."

http://www.usatoday.com/travel/news/2007-01-30-us-airways-no-liquor-new-mexico_x.htm



Kirata -> RE: New Mexcio vrs US Airways, alcohol and airspace (10/10/2009 11:01:51 PM)


quote:

ORIGINAL: Vendaval

They should not be selling alcohol while in New Mexico airspace... The lack of a liquor license means it's "effectively bootlegging" when the airline serves liquor, he said.

Some people have too much time on their hands.

K.



Thadius -> RE: New Mexcio vrs US Airways, alcohol and airspace (10/11/2009 9:41:25 AM)

As far as the licensing goes, wouldn't the state have to show that the liquor was sold while in their airspace, or even consumed there?

This should be a fun case to watch.




servantforuse -> RE: New Mexcio vrs US Airways, alcohol and airspace (10/11/2009 9:49:55 AM)

Airlines operate under federal regulations and guidelines. I hope this case gets tossed out very soon. I like drinking while flying.



DarkSteven -> RE: New Mexcio vrs US Airways, alcohol and airspace (10/11/2009 10:20:12 AM)

Those idiots.  If they tried to sue USAir under the exact same laws that hold a bar responsible for serving a drunk who subsequently kills someone, they would have had an excellent chance.

Claiming they lacked a liquor license while decades of precedent has established that no liquor license is required by airlines, is going to get laughed out of court.



servantforuse -> RE: New Mexcio vrs US Airways, alcohol and airspace (10/11/2009 11:23:26 AM)

I can't even imagine leaving Milwaukee on a morning flight to Tampa to see my folks, and not be able to have a couple of bloody marys on my way to Florida. What in the world is going on in this 'free' Country ?



Moonhead -> RE: New Mexcio vrs US Airways, alcohol and airspace (10/11/2009 12:09:55 PM)

I thought there were several States that stopped alcohol being sold in their airspace?



servantforuse -> RE: New Mexcio vrs US Airways, alcohol and airspace (10/11/2009 12:26:53 PM)

I guess every stewardess or steward will have to have a portable GPS device to see just where they are before they can sell a drink. I can here it now. ' Were flying over New Mexico. If you wait 4 more minutes we will be in Texas airspace, then you can have a drink.' Good grief.



kittinSol -> RE: New Mexcio vrs US Airways, alcohol and airspace (10/11/2009 12:31:56 PM)

A flight without a G&T is like a hooker without a garter belt: incomplete. That's my take on it, and I stick to it.



Aylee -> RE: New Mexcio vrs US Airways, alcohol and airspace (10/11/2009 12:44:02 PM)

Kansas did it when Vern Miller was Attorny General.  The same guy that banned Robin Morgan from Kansas for 15 years. 

In the early 1970s, airline passengers were told they couldn't consume drinks over Kansas. The flight attendants really just wanted to go to the back of the plane to smoke and check the feathering in their hair, right?
Wrong. The passengers got Verned, as in Vern Miller, Kansas attorney general from 1970-74.
Miller said he always just wanted to be a sheriff, which is basically what he was, even while he was attorney general. That, and a cowboy. Miller loved a good drug raid — he said he raided KU's campus 15 to 20 times alone — and famously raided an Amtrak train, busting it for slinging booze within Kansas borders, an act that temporarily stopped airlines from serving alcohol while jetting over Kansas skies.

http://jobfinder.cjonline.com/life/2009-06-13/alcohol_a_blurry_complex_and_notorious_history


Gotta LURVE Kansas.



Vendaval -> RE: New Mexcio vrs US Airways, alcohol and airspace (10/11/2009 1:00:29 PM)

The history on Kansas is rather amusing, Aylee.  This section from the article you posted is enlightening - [;)]

"Has anybody ever tried to influence votes with liquor?
The answer is yes, and it may be ongoing. According to Peak, the Kansan who went on to the University of Nevada-Reno, Leavenworth County sheriff candidate William Bond provided drinks and cigars on election day to gain votes in 1876 and later won his court case over it. Plus, in 1994, Kansas legalized election-day sales of liquor both in liquor stores and bars." 



Moonhead -> RE: New Mexcio vrs US Airways, alcohol and airspace (10/11/2009 1:01:55 PM)

I know Bruce Robinson tells a story about being stopped from drinking when his plane was going over some State in the Bible belt in the early '80s.



popeye1250 -> RE: New Mexcio vrs US Airways, alcohol and airspace (10/11/2009 1:37:50 PM)

This is just another example of "government" trying to *dictate* to The People!
Perhaps we need to have a course for people before they take the oath of office making it *clear to them* that they are there to *serve* The People not to dictate to us!



Moonhead -> RE: New Mexcio vrs US Airways, alcohol and airspace (10/11/2009 1:41:31 PM)

They are serving the people, though. The people their lobbyists represent in most cases, admittedly, but those are still people as well, after a fashion.



servantforuse -> RE: New Mexcio vrs US Airways, alcohol and airspace (10/11/2009 4:54:25 PM)

I have to wonder if Ed Lopez is in this Country legally ? Maybe someone should check.



chiaThePet -> RE: New Mexcio vrs US Airways, alcohol and airspace (10/11/2009 6:16:30 PM)


The crash killed Paul Gonzales, 36; his wife, Renee Collins Gonzales, 39;
the couple's daughters Jacqueline Gonzales, 11, and Selena Gonzales, 10;
and Alicia Garcia, 17, Renee Gonzales' daughter.

Another teenage daughter survived.

All alone at the end of the evening.

Last call.

chia* (the pet)



servantforuse -> RE: New Mexcio vrs US Airways, alcohol and airspace (10/11/2009 6:25:16 PM)

How many drinks can you have flying 500 MPR over one state ? To blame an air carrier for this crash borders on insanity. The guy that got behind the wheel is responsible, not US Airways.



chiaThePet -> RE: New Mexcio vrs US Airways, alcohol and airspace (10/11/2009 6:55:54 PM)


Well, I suppose if he's a good tipper, it's okay to serve an obviously intoxicated passenger.

Enjoy the drive home.

chia* (the pet)



servantforuse -> RE: New Mexcio vrs US Airways, alcohol and airspace (10/11/2009 7:01:41 PM)

I fly about 4 times a year. Since 911 it is very difficult to be over served on any carrier. They don't put up with it any more. If you cause any type of disturbance a US Marshall or county sheriff will be waiting for you at your destination.



chiaThePet -> RE: New Mexcio vrs US Airways, alcohol and airspace (10/11/2009 7:37:27 PM)


But are you here legally?

chia* (the pet)



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