End of June - 2006


For the next few days several stories ran detailing the back and forth accusations between the other airlines and members of the 5 negotiating parties involved in the Love Field deal.

The Dallas Business Journal reported that attorneys for owners of the Legend Airlines terminal were considering filing a lawsuit to stop the city from seizing the terminal through eminent-domain and determining whether Mayor Miller had violated state open-meetings laws.

Attorney Bill Brewer said some were questioning whether the plan might be anti-competitive


"I will confirm for you that we've been contacted by any number of people wondering if (the plan) is anti-competitive," he said. "On every level, if this was happening in someone else's city, you wouldn't believe it. It is baffling to me. What is not baffling -- if you're a businessman -- is the truth of the phrase, 'You can't fight city hall' -- particularly this mayor and the amount of energy she's willing to generate from her bully pulpit."

On the issue of whether or not the agreement might violate federal antitrust laws prohibiting monopoly and restraint of trade, he said


"Here you have four competitors getting together and saying, 'Let's not compete,' That's anti-competitive. You are essentially developing a monopoly in various areas. So much of this deal was done not in the sunshine, and not in open meetings, This is a backroom deal where a couple of mayors got together with a couple of partisans and divided it up geographically."


Mayor Miller defended herself by saying that she'd been advocating the possibility of acquiring and demolishing the gates for over a year, and had said so publicly.

American responded with one of their usual talking points about there being plenty of room at DFW.


Any airline which desires to compete in North Texas has the opportunity to take any of the over 20 gates open at D/FW International Airport -- where airlines can provide service for all Metroplex citizens to anywhere in the world -- today."


Even Southwest's own Ed Stewart said,


"Such a charge would be baseless, simply because there are plenty of gates available at that world-class airport known as DFW International. Not to mention the airport has offered incentives for new airlines to serve that facility."


Call the exorcist! Ed Stewart's been possessed! By the dAArk side.

It was rumored that Continental wasn't happy about the loss of international through ticketing -- somethey were then able to do from Love Field through their hub in Houston. Northwest protested the deal and JetBlue took it a step further.

On June 29, Jetblue CEO David Neelemen sent a letter to the Chairmen and Ranking Members of both the Committee on Tansportation and Infastrucure and the Aviation Subcommttee opposing the Love Field deal, saying it


. . . mostly seeks to replace one outdated regulation with a series of anticompetitive provisions that eliminates competition and protects a few select carriers, while permanently destroying one-third of all the available gates at a vital airport in a major city -- one Jetblue wishes to serve if the Wright Amendment is repealed.

As American Airlines, one of the parties to this private deal, succinctly argued recently in another matter involving legally imposed restrictions on airport access

Commercial air transportation has fundamental implications for interstate commerce, and thus, is heavily regulated by federal law. Local regulation is appropriate only if it is "reasonable, nondiscriminatory and nonburdensome to interstate commerce, and designed to accomplish a legitimate State objective in a manner that does not conflict with" federal law.

Submission by American Airlines vs the City of Long Beach - 04/29/02;

The private deal concerning Love Field is anything but reasonable, nondiscriminatory, nor nonburdensome to interstate commerce. It creates nothing more than an anticompetitive and discriminatory arrangement that protects two carriers by permanently excluding all competitors, ultimately at the expense of the traveling public in North Texas and across the nation.

The deal also flies in the face of federal law pertaining to grant asurances, which mandates that airports such as Love Field, must be open to all carriers on "reasonable conditions and without unjust discrimination." Indeed, as American itself observed, "airports should not play favorites or give a competitive advantage to one carier at the expense of others." Submission by American Airlines vs the City of Long Beach 04/29/02. Playing favorites on behalf of Southwest and American is precisely what the parties in Dallas are asking Congress to sanction.

While some in Congress have stated that eliminating one-third of the gates at Love Field and permanently excluding any competition for American and Southwest will somehow promote competition and provide economic benefits for the region, I believe precisely the opposite is true. Southwest has proven, as the early promoters of airlne deregulation predicted, that robust low fare competition stimulates customer demand and is the only means by which aviation can truly produce its maximum economic benefi. This is why JetBlue supported Southwest's initial efforts solely to repeal the Wright Amendment, and eliminate this artificial barrier to entry.

Southwest's campaign to open Love field, symbolized by the slogan "Wright is Wrong", has been forsaken and replaced with a private deal that will, if permitted to take effect, produce a major setback to America's deregulated aviation marketplace. The Commerce Committee of the Untied States Senate has direct oversight authority for aviation in our nation on behalf of all Americans, not a few entities which seek long term gain contrary to federal law. I urge you on behalf of JetBlue Airways and the traveling public to stop the deal in Dallas from becoming the law of the land. . .


The Boy's deal was far from "done."


Other Airlines' Last Stand


Tune - I Will Survive
Gloria Gaynor

The Boys -- they got together
They all came up with a plan
But it inhibits competition
And we still don't understand
Just what it was
These guys were thinkin'
Then again -- maybe we do
Those Texas boys,
All must be drinkin'
Out at D - F - W!

We're want to say
This plan won't fly
So now we write you
Congress -- pleadin'
'Cause right now --
It's do or die
This plan is bad! -
It's really awful!
It's a stinkn' travesty!
We hope that Congress
Will just ditch it all
And simply Set Love Fee

Y'all best get real!
This "Backroom Deal"
It shuts out all the
Other com-pe-ti-tion
Over at Love Field
It locks up far too many gates
We feel -- but wait there's even more
There'll be no new states
For eight more years
Our jaws -- they hit the floor!

This plan won't fly
No, there's no way
We'll make our voices heard by
All of Congress and the FAA
North Texas needs more competition
So that we can get low fares
But right now -- they're way too high
They're something "$pecial in the air."
( A - A! )

[Instrumental Interlude]

Well, American's quite happy
'Cause they'll keep the status quo
And until more states are added
There's few places we can grow
And South-west is pleased as punch
Yes -- they're as happy as can be
'Cause with 16 gates
They get to keep
Their Love monopoly

So we must say...
(And this sounds crude)
This plan, it sucks for other airlines
And consumers -- they got screwed
Who cares if Mr. Arpey likes it?
Jeffrey Fegan or Ron Ricks?
We're sick and tired of all these
Other Texas airlines' dirty tricks

And they've got help
From all their friends
You politicians in DC
When will cor-rup-tion ever end?
So before y'all join together
And enact this thing as law
You're gonna hear from us
We'll raise a fuss
Ne-go-ti-ate it all!

We wrote today
To simply say
We think this plan's all wrong
It takes too long
And takes more gates away
. But we need a re-so-lu-tion
Congress -- pass it if you must
But before you do
There's just a few
Things we'd like to adjust

(Just for starters . . .)

We need more gates
Here's what you do
Just scratch that foolish 20-gate plan
And go back to 32
We'd like to see a faster phase-out
And there's one more little thing
We all -- want the rights --
On foreign flights --
To have through-ticketing

Well, there you go!
So know you know
How we others feel
About this deal
We think it really blows!
Yet, we have to say
We hope and pray
That you all pass this law --
We can finally end this
Con-tro-ver-sy -- Now!
Once and for a-a-a-l-l-l-l-l . . .

(Set Love Free!)

(Set Love Free)

Once And For All!

(Set - Love - Free)



This site was started by an Austin flyer and is dedicated to North Texas residents and employees of Love Field and Southwest Airlines who are working hard to get this law repealed. This site is not affiliated with Southwest Airlines, Dallas Love Field or the City of Dallas.

For more information on the Wright Amendment and to find out how you can help, please visit the following websites.


Hosted by www.Geocities.ws

1