Just days after BARK Air, the first “air travel experience” designed specifically for dogs, launched its inaugural flight from Westchester County, the county has filed a federal lawsuit against the charter company. Westchester County attorneys claim that BARK Air is violating local airport-use restrictions by operating out of the private jet area of Westchester County Airport, which is reserved for aircraft with nine or fewer seats. BARK Air’s Gulfstream Aerospace GV jet, however, accommodates 14 seats, prompting the legal challenge.
Details of the Lawsuit
Westchester County is seeking an injunction to prevent BARK Air from using the private jet terminal. If successful, this would force BARK Air to operate out of the passenger terminal, which is already under significant pressure due to the county’s imposed passenger cap and voluntary night-time flight restrictions. Despite the lawsuit, a spokesperson for BARK Air expressed confidence that the operations would continue unaffected, stating, “We don’t believe this will impact our operations,” though the company refrained from commenting further on the litigation.
Implications for BARK Air and Partners
Talon Air, a private jet company partnering with BARK Air to offer this unique canine aviation service, is also named in the lawsuit. Talon Air was founded by Democratic mega-donor Adam Katz, who has made significant contributions to County Executive George Latimer’s political campaigns. This connection has added a layer of intrigue to the legal proceedings.
Additionally, three other airlines have filed separate federal lawsuits against Westchester County, arguing that the county’s airport-use restrictions on charter flights violate federal law. These lawsuits highlight the ongoing tension between the county and public charter services, which Westchester claims resemble large commercial airlines in their operations. The county argues that public charter companies should adhere to the same safety and security standards as commercial airlines to ensure fair competition.
County’s Stance on Public Charters
Westchester County has consistently expressed its frustration with public charter services, which it believes are attempting to bypass regulations by operating from private jet terminals. In a regulatory filing with the Federal Aviation Administration, the county emphasized that public charter companies are seeking a competitive edge over commercial airlines by using private jet facilities, which should not be permitted. The county insists that both types of services should be subject to the same regulatory standards to maintain safety, security, and fairness at the airport.
Legal and Operational Outcomes
The outcome of Westchester County’s lawsuit against BARK Air remains to be seen, as does the impact of the other pending federal lawsuits against the county. The case underscores the complexities and challenges of integrating innovative services like canine-friendly flights into existing regulatory frameworks. As the legal battles unfold, the aviation industry and pet owners alike will be watching closely to see how these issues are resolved and what precedents they might set for future aviation services.