Friday, December 08, 2006

Federal Turf not State

Here we go again -- another state is about to learn the limits of its authority...

This is a must-win for the aviation community and AOPA is taking the bull by the horns...

AOPA SUES NEW YORK OVER PILOT BACKGROUND CHECK LAW

AOPA and seven New York flight schools filed a lawsuit in federal court Wednesday, challenging the constitutionality of the state law requiring criminal background checks for all flight school students. "This law is unnecessary, discriminatory, anti-business, and ineffective," said AOPA President Phil Boyer, "and it violates the U.S. Constitution. AOPA tried to work with the New York legislature on this issue, then gave the governor compelling reasons to veto the bill. AOPA fought a similar law in Michigan and won. We're still looking for a mutually acceptable compromise with the state of New York, but we'll fight this one all the way to the Supreme Court if we have to." The issue is not about security, but rather what part of government has the authority and responsibility for aviation security. Congress has already enacted legislation to create, "a single, uniform system of regulation for the safety and security of aviation, to be maintained by the federal government," according to the suit, and that preempts any state laws. "Beyond the constitutional issues, the New York law stands to hurt many small businesses in the state," said Boyer. "Faced with the expense of a background check, many prospective student pilots may decide to forego flight training, or worse for the New York flight schools, do their training in a neighboring state. Bottom line, nothing in this law makes New Yorkers any safer, but it sure will make some of them poorer."


http://www.aopa.org/whatsnew/newsitems/2006/061207nysuit.html

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