Many praise legislation; legal challenges could still be in wings
10:11 AM CDT on Saturday, September 30, 2006
By SUDEEP REDDY / The Dallas Morning News
WASHINGTON – Congress
approved legislation late Friday to repeal the Wright amendment,
potentially resolving a decades-old battle over the role of Dallas Love
Field in North Texas.
The bill to phase out flight
restrictions at the airport cleared the House overwhelmingly in a
late-night vote before lawmakers departed for a pre-election recess.
The legislation won Senate passage under unanimous consent earlier
Friday after months of pressure by Texas Sens. Kay Bailey Hutchison and
John Cornyn to win over a final detractor, Sen. Patrick Leahy, D-Vt.
President Bush is expected to sign the measure as early as next week.
"It's a great relief to have a final solution," said Rep. Kenny
Marchant, R-Coppell, whose district includes Dallas/Fort Worth
International Airport. "The fact that none of the parties are
completely happy and all of the parties are relieved to have it over
should be a sign that it's a good agreement."
Lawmakers
acknowledged that the Wright battle may not be over. Opponents of the
deal are expected to challenge the legislation in court.
The Wright legislation stalled this summer under criticism over its
treatment of federal antitrust laws, and supporters in Congress fought
hard for language to help shield the deal from a long court fight.
The legislation will repeal Wright in 2014, implementing a June
agreement by the cities of Dallas and Fort Worth, American Airlines,
Southwest Airlines and D/FW Airport.
It would immediately
allow flights anywhere from Love Field, as long as they first stopped
inside the nine-state Wright perimeter.
The agreement
would also cut the number of available gates at Love from 32 to 20,
part of a plan to compensate for an expected increase in noise,
pollution and congestion. Nineteen gates are used now.
On Congress' last day, the House turned out to be the greatest source of contention over repealing Wright.
House members planned to clear their bill under suspension of normal
rules, a procedure often used for uncontroversial measures.
Suspension bills often pass without recorded votes, but objections to
the Wright legislation forced proponents to corral the support of
two-thirds of those present. A heated evening debate had opponents
sparring over the antitrust issue, while also arguing over the bill's
potential benefits.
The chairman of the House Judiciary
Committee, James Sensenbrenner, R-Wis., said the bill "will continue
vestiges of the Wright amendment" until 2025, when gate arrangements
expire under the deal.
Unusual splits
In a departure from many congressional debates, supporters and
opponents of the Wright agreement weren't split by party affiliation or
geography.
Rep. John Conyers of Michigan, the top
Democrat on the judiciary committee, argued against a frequent ally,
Rep. Eddie Bernice Johnson, D-Dallas, whose district includes Love
Field.
Mr. Sensenbrenner, recalling the "Don't Mess with
Texas" bumper stickers in the House garage, said, "Tonight is one of
the nights where we ought to mess with Texas.
"This is
the most anti-consumer, anti-free-enterprise legislation that has come
before this House in a long time," he said.
Rep. Kay
Granger, R-Fort Worth, was distributing red "Vote Yes" fliers to
members on the floor; Ms. Johnson had her own yellow fliers supporting
the bill.
The final tally, which came just past 10 p.m. Dallas time, was 386-22.
A tough fight had been expected in the Senate, where rules and
traditions allow a single member the power to block legislation.
By early Thursday afternoon, after House members from North Texas had
forged a path for their bill to reach the House floor, the pressure had
grown on Ms. Hutchison and Mr. Cornyn, both Republicans.
Efforts in recent weeks to find language that was acceptable to Mr.
Leahy and the North Texas parties had failed, even after changing the
antitrust language from an explicit to implicit exemption to win over
the chairman of the Senate Judiciary Committee, Arlen Specter, R-Pa.
Break in impasse
Word came from the Texas senators' staffs later Thursday afternoon that
Mr. Leahy could come to an agreement for bringing the Wright bill up
under unanimous consent, a procedure used for uncontroversial measures.
The senators and their staffs started working on statements to be read on the Senate floor.
Ms. Hutchison reached out to House members, e-mailing and talking with
Ms. Granger past midnight to ask her to wait for a Senate bill to come
to the House to prevent further procedural delays.
By
Friday morning, Ms. Hutchison was sitting in a cloakroom off the Senate
floor working out how the bill would come up under unanimous consent.
Mr. Leahy had been pushing a wilderness bill to move under unanimous
consent, a measure that largely affected Vermont and New Hampshire.
Asked later if she was holding up his bill, Ms. Hutchison smiled. "Why would someone do that?
"Let's just say that we came to an agreement to pass both bills," she said.
The bill passed the Senate in less than a minute just before 1 p.m. Dallas time.
Then Mr. Cornyn and Mr. Leahy engaged in a colloquy, a discussion on
the Senate floor that allows lawmakers to share their thinking for the
record.
The dialogue does not offer the force of law but
could help judges glean congressional intent in a court challenge.
"Senator Cornyn and I share a concern about providing antitrust
immunity to agreements involving private parties," Mr. Leahy said.
"While I would prefer greater clarity on this point in the bill, I am
pleased that Senator Cornyn and I agree that this is an entirely unique
situation, which should not be repeated."
Mr. Cornyn agreed that "the legislation contemplated here should not be a model for any future arrangement.
"In no way can I imagine a situation arising with a set of facts
remotely similar to that created in Dallas by the passage of the Wright
amendment," he said.
Mr. Cornyn, who serves on the
judiciary committee with Mr. Leahy, said later that ending the impasse
was a matter of talking through the details of the Wright law and the
uniqueness of the situation.
"We had to explain to him
that actually this increased competition rather than decreased
competition," Mr. Cornyn said. "That was one of the hard things for
people to understand because of the unique nature of the Wright
amendment."
Ms. Hutchison, who urged North Texas
officials early in the year to come up with a solution, said the Wright
legislation took "an inordinate amount of time for a bill that
shouldn't have been this complicated."
"I have to say
that in my 12 years in the Senate, the hardest thing that I've ever had
to explain was the Wright amendment to outside people," she said.
Dallas Mayor Laura Miller was euphoric Friday. She'd feared the Senate
would be the bigger obstacle. Ms. Miller said she was confident the
terms of the bill would protect Dallas from losing a court challenge,
due to a dedicated North Texas delegation and attorneys who worked
around the clock.
"Without the language crafted in the Senate ... we would have a huge problem," Ms. Miller said.
Lawsuit a thorn
She acknowledged that the lawsuits filed by Love Terminal Partners, the
owners of the former Legend Airlines terminal slated to be demolished
under the Wright agreement, will continue to be a thorn in her side.
But Dallas will not wait for a court ruling, she said, as the Wright
agreement directs the city to proceed immediately.
Love
Terminal Partners' "tactic is to keep the pressure up, because they see
we have a great chance of being successful," Ms. Miller said. "In the
court of law, I sure hope a judge would say...[they] have frivolously
filed this lawsuit."
Bill Brewer, a Dallas lawyer
representing Love Terminal Partners, said a lawsuit he filed Thursday –
his third pending suit regarding Wright – seeks to void the city's
involvement in the agreement.
He also said changes that
were achieved by the judiciary committee leaders "saved the right of
consumers and others who are affected by this to go to court."
The legislation does not specify which gates must be demolished, Mr.
Brewer noted, potentially protecting the Legend building.
Friday's actions followed a nearly two-year fight over the Wright amendment and Love Field.
In November 2004, Southwest announced that it would lobby Congress to
lift the flight restrictions. American and D/FW vigorously opposed any
changes.
Rep. Jeb Hensarling, R-Dallas, introduced
legislation the following May to repeal Wright completely, spurring
lawmakers nationwide to pick up the cause to win cheaper flights to and
from North Texas.
But Mr. Hensarling decided not to back
the compromise agreement, saying he could not support the nation's only
congressional mandate on the number of gates at a local airport.
He sat quietly in the back row of the House on Friday evening to watch
the debate. He ultimately voted against the bill.
Rep.
Sam Johnson, R-Plano, who co-sponsored the original Wright repeal
legislation with Mr. Hensarling, said the compromise was "not perfect"
but still an agreement worthy of support.
Staff writer Emily Ramshaw in Dallas contributed to this report.
Key events in the history of the Wright amendment:
1979
In
an effort to protect a young Dallas/Fort Worth International Airport
from competition at Dallas Love Field, Congress approves the Wright
amendment, named for U.S. House Speaker Jim Wright of Fort Worth. The
law, which took effect the following year, limits flights from Love
Field to airports in Texas and its adjoining four states, but allows
commuter planes with 56 seats or fewer to fly farther.
1997
Congress approves the Shelby amendment, adding Alabama, Kansas and Mississippi to the Wright territory.
2000 April: Legend
Airlines starts service from its own terminal at Love to Los Angeles
and Washington with modified 56-seat jets. Continental Airlines,
American Airlines and Delta Air Lines also launch Love service.
December: Legend
declares bankruptcy and stops all service. Eventually, American and
Delta pull out of Love. Continental remained.
2004 September: Delta announces it will close its D/FW hub, reducing its daily schedule here from 254 nonstop flights to 21.
November: Southwest
CEO Gary Kelly says the carrier considered filling some of Delta's void
at D/FW, but decided against it. Instead, Mr. Kelly calls for repeal of
the Wright law.
D/FW and American express strong support for continuing the Wright limits.
2005 May: U.S.
Reps. Jeb Hensarling, R-Dallas, and Sam Johnson, R-Plano, introduce
legislation in the House that would fully repeal Wright.
July: Nevada Republican Sen. John Ensign introduces a similar bill in the Senate.
November: Missouri
becomes the ninth state outside of Texas that can be served from Love
Field, when Sen. Kit Bond, R-Mo., tacks his state onto the Wright
perimeter in a transportation-spending bill.
December: Southwest launches new service to St. Louis and Kansas City from Love.
2006 February: Republican
Sens. Kay Bailey Hutchison and John Cornyn urge airline and government
leaders in North Texas to come up with a compromise to settle the
Wright fight.
March: American returns to Love, with service to St. Louis and Kansas City, as well as to Austin and San Antonio.
June: The
cities of Dallas and Fort Worth, along with D/FW, Southwest and
American, announce a compromise that would allow for immediate
through-ticketing and full repeal in 2014.
July: House
and Senate committees approve legislation to enact the agreement. But a
lobbying effort from the owners of the former Legend terminal, set to
be demolished under the deal, draws detractors in Congress. The bills
stall over antitrust exemptions.
September: The Senate approves legislation reflecting the North Texas compromise. A vote was set for late Friday in the House.
Once signed into law, legislation approved in the House and Senate on Friday would:
• Immediately allow commercial travel anywhere from Dallas Love Field
if planes first stop at an airport in Alabama, Arkansas, Kansas,
Louisiana, Mississippi, Missouri, New Mexico, Oklahoma or Texas.
• Permit commercial flights to travel nonstop to any destination in the
50 U.S. states or the District of Columbia, beginning eight years after
enactment.
• Direct the city of Dallas to reduce and cap
the number of gates at Love Field at no more than 20; the airport now
has 32 gates, 19 of which are in use.