Even as it began its own flights from Love Field to Chicago and Los Angeles last month, American Airlines asked the Supreme Court to review the February US Circuit Court of Appeal's decision that opened the airport to those services. The lower court decision, affirming a 1998 ruling by the US Department of Transportation (DoT), permitted start-up Legend Airlines to begin its new business-traveller oriented services and opened the door to other carriers' flights. Neither the DoT nor the appeals court struck down a provision limiting long-haul services from Love Field to aircraft with no more than 56 passengers.
American told the court it does not believe that the Airline Deregulation Act, relied on by the department, pre-empts the authority of local governments over airport use and development. The Dallas/Fort Worth International Airport (DFW) and city of Fort Worth have also asked the Supreme Court to take the case; their interest is in prohibiting long-haul flights at Love to maintain the position of DFW as the region's main airport.
Meanwhile, the political fracas continues. American started its long-haul flights from gates subleased from Continental Airlines, which needs them to begin its own long-haul flights to Cleveland. So American asked for and was given permission to build gates from an unused concourse it had acquired for office space, although the city of Dallas never said American could "use" the gates.
After American began construction, the city ordered it to "cease and desist" from its activity, telling American it could use other facilities in the concourse occupied by Southwest Airlines. American says those facilities are small, "in the basement," cannot easily be used with jet bridges and are occupied by others. "They are woefully inadequate and not comparable to what other carriers have," an official says. The airline has asked for a temporary waiver to use the gates it is building until the city of Dallas comes up with a master plan for the airport, expected late this year.
However, the clamour to use Love Field - Southwest's base - seems unstoppable. Several other US carriers are making plans to begin services there, especially regionals operating regional jets.
Source: Airline Business
