Federal District Judge Denies Motion to Dismiss Lawsuit Regarding Non-Addition Rule at Van Nuys Airport

Contact: Cassandra Bosco

Washington, DC, February 13, 2001 – In a ruling announced yesterday, a Federal district judge in Los Angeles denied the City of Los Angeles’ motion to dismiss the lawsuit that had been filed in August 2000 by the National Business Aviation Association (NBAA) and other business aviation entities challenging the legality of the “non-addition rule” for Stage 2 jet aircraft at Van Nuys Airport (VNY). The lawsuit seeks a declaratory order that the non-addition rule is unconstitutional and unlawful and seeks a permanent injunction preventing the City of Los Angeles from enforcing the rule. The City had filed its motion to dismiss the lawsuit in October, arguing that the matter should have been brought to the Federal Aviation Administration rather than to the court. At yesterday’s court session, Judge Stephen V. Wilson set May 1, 2001, as the trial date for the lawsuit.

Just like drivers have access to all public highways, pilots should have access to all public airports,” said NBAA President Jack Olcott. “That’s what is required by Federal law.

The VNY non-addition rule was adopted by Los Angeles in April 2000 and became effective in June. Generally speaking, the non-addition rule prohibits most Stage 2 aircraft that were not based at VNY during calendar year 1999 from being based at or otherwise parked, tied down or hangared at the airport for more than 30 days in any succeeding year.

Two other aviation trade organizations, the General Aviation Manufacturers Association (GAMA) and the National Air Transportation Association (NATA), are plaintiffs in the lawsuit, as are five aviation businesses located at VNY – Clay Lacy Aviation, Elite Aviation, Inc., Jetwest International, Skytrails Aviation, and The Air Group Inc.

NBAA represents the aviation interests of over 6,400 companies which own or operate general aviation aircraft as an aid to the conduct of their business, or are involved with business aviation. NBAA Member Companies earn annual revenues approaching $5 trillion — a number that is about half the gross domestic product — and employ more than 19 million people worldwide. The NBAA Annual Meeting & Convention is the world’s largest display of civil aviation products and services.