What's happening
This bill prohibits airlines from involuntarily removing passengers with assigned seats due to overbooking and allows affected passengers to sue for damages.
Why it matters
Empowers consumers. By allowing passengers to sue for triple (treble) damages plus legal costs and attorney’s fees, the bill gives travelers a strong legal tool to seek meaningful compensation, which may deter airlines from overbooking flights.
Sets a clear legal standard. The bill explicitly defines the rights of passengers with assigned seats, removing ambiguity about when airlines may remove someone; this clarity could reduce confrontations and confusion at boarding.
Shifts airline accountability. Airlines will face increased financial and reputational risks for overbooking practices, potentially pushing them to adopt fairer policies or improve operational planning to avoid such situations.
Addresses past high-profile incidents. In response to widely publicized removals of seated passengers, the bill seeks to restore public trust in air travel by ensuring that ticketed, seated passengers are protected from involuntary removal for airline convenience.
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Who cares
Headline styles
Ban Forced Plane Removals
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
194
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the civil rights law, in relation to prohibiting the involuntary removal from a commercial passenger aircraft of any passenger having an assigned seat thereon, on the basis of overbooking by the operator of such aircraft
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The civil rights law is amended by adding a new section 79-o to read as follows:
§ 79-o. Action for involuntary removal from a commercial passenger aircraft; certain cases. 1. No passenger admitted to a commercial passenger aircraft, having paid the fare for transportation on such aircraft and having an assigned seat thereon, shall be involuntarily removed from such aircraft solely on the basis that the owner or operator of the aircraft overbooked the flight thereof or assigned the passenger's seat to another individual.
2. Any person involuntarily removed from a commercial passenger aircraft, in violation of subdivision one of this section, may commence and maintain a cause of action to recover treble damages, plus costs and attorney's fees.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02641-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil rights law, in relation to prohibiting the involuntary removal from a commercial passenger aircraft of any passenger having an assigned seat thereon, on the basis of over- booking by the operator of such aircraft
Purpose or general idea of bill
To ensure that no commercial aircraft passenger is involuntarily removed from a seat that he or she have paid for and is seated on.
Summary of provisions
The bill amends the civil rights law by adding a new section 79-o.
Section 1 states that no passenger that has paid the fare and has been seated in his or her assigned seat shall be involuntarily removed from the aircraft solely on the bases that the owner or operator has over- booked the flight. Section 2 states that any such passenger that is involuntarily removed on these bases may commence a cause of action to recover treble damages, plus costs and attorney's fees.
Justification
There is no excuse for an aircraft operator to forcibly remove any person who has paid for an assigned seat on such aircraft. When a person is planning to travel, he or she puts time and effort into determining when they want to fly. A person has to make specific arrangements for air travel, and any interruptions in that travel can be extremely incon- venient.
Beyond that, it is even more inexcusable to cause any physical harm to an individual on the bases that the aircraft operator made an error in seating arrangements or overbooking. To use force to remove a person that has fairly paid his or her fare and is seated on an aircraft is inappropriate and discriminatory.
This bill would ensure that should an event like this occur, the passen- ger is protected under the law.
Prior legislative history
S. 5832 of 2017/2018 Referred to Judiciary
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.