Off the Kuff Rotating Header Image

“Reasonable accommodation”

According to a legal opinion provided by the City Attorney’s office, Houston must provide “reasonable accommodation” to Southwest Airlines for its proposal to offer international flights at Hobby Airport.

In a memo accompanying the legal opinion, City Attorney David Feldman wrote that “consideration of such economic issues for the community cannot be controlling; the City’s obligation to provide reasonable accommodation to Southwest is paramount, irrespective of such issues.” In other words, if Council finds Southwest’s request reasonable it cannot reject it based on economic projections.

If the Federal Aviation Administration finds that the city is not complying with its obligations, it could suspend millions of dollars in airport improvement program grant funds and disqualify Houston from receiving future grants, according to a legal opinion prepared for the city by attorney Peter Kirsch of Kaplan Kirsch & Rockwell, a firm based in Denver and Washington, D.C., that specializes in aviation law.

Tuesday’s council hearing and two neighborhood meetings in the next week are part of the process the city will use to determine whether Southwest’s request is reasonable, said Janice Evans, spokeswoman for Mayor Annise Parker. The plan calls for a $1.50 fee increase on every Hobby traveler’s ticket to cover the costs of construction for the airport’s expansion.

Houston Airport System Director Mario Diaz, who last month formally recommended the city support Southwest’s plan, said of the legal opinion, “It’s what I’ve been saying since Day One.”

The city could reject a proposal for Hobby to go global only if the airport did not have the capacity to accommodate international flights, if noise or other environmental concerns could not be overcome or if public safety were threatened, Diaz said. None of those conditions apply in the case of Southwest’s plan, Diaz said.

You can see a copy of Feldman’s memo here and a copy of the legal analysis here. The summary and conclusions are enough to give you the big picture, but do check out the last section, entitled “Consequences for violating legal obligations” for an idea of what could happen if the Federal Aviation Administration doesn’t care for the city’s actions. United disagrees with this analysis, and that says to me that one way or another this is going to end up in court, but if this analysis is accurate that may not be the city’s biggest risk factor here.

Council had a joint meeting of the Budget & Fiscal Affairs and Transportation, Technology & Infrastructure committees yesterday at City Hall at which Feldman and both airlines made presentations. There will two be public hearings on this topic as well. The first is tonight, May 9, from 6 p.m. to 8 p.m. at the DoubleTree Hotel, 15747 JFK Blvd. The second is scheduled for Tuesday, May 15, from 6 p.m. to 8 p.m. at the Houston Marriott South, 9100 Gulf Freeway. The Texas Organizing Project spent some time visiting residents in the Hobby area to ask them about their thoughts and concerns, and had its own public meeting with 100 of those residents to discuss this on Sunday. According to a letter they sent to Mayor Parker yesterday, there was strong support among those who attended their meeting for the Hobby expansion. Here’s your chance to make your voice heard, so attend one of these meetings if you have something to say about this.

Related Posts:

One Comment

  1. Jj says:

    Did you watch Feldman try to quash the former FAA head of airports who is also a lawyer? He says that Feldman’s analysis is wrong, and Feldman threatened him with legal ethics violations that are downright laughable. Public criticism and an alternative view, with full disclosure to Feldman in advance, is in no way a breach of ethics. Looks very much like Parker and Feldman are trying to bully council, while also claiming they can’t exercise any judgment, exactly the same as their misguided “you must put red light cameras on the ballot” legal advice.

Bookmark and Share