New Mexico orders US Airways to stop serving booze
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The state of New Mexico has ordered US Airways to stop serving alcohol on board its airplanes.
The ruling applies only when the airline is in New Mexican airspace, and the flight is en route to or from an airport in the state. After a fatal drunk driving accident involving a passenger who tied one on in flight, New Mexican officials determined that US Airways wasn’t licensed to serve alcohol, and was effectively “bootlegging.”
Wow. Apparently, this is legit. Other airlines operating in New Mexico actually have a liquor license. Who knew?
Frankly, I’m not a lawyer, but I would have assumed that airlines were serving alcohol legally as part of some interstate commerce provision. But I guess they need a liquor license in every state (and city?) in which they operate.
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January 30th, 2007 at 10:13 am |
And if US Airways had had a license, this passenger wouldn’t have caused the accident?
January 30th, 2007 at 11:43 am |
Alcohol is one of the few areas where an interstate commerce provision would be unlikely - it’s a peculiarity of the 21st amendment, which repealed the federal ban on alcohol, but explicitly left it up to the individual states to have their own laws (largely to get ratification - some states wouldn’t go along if they weren’t allowed to keep banning alcohol themselves - that’s why we can still have “dry” states).
Here’s the relevant text:
The transportation or importation into any state, territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
January 30th, 2007 at 3:20 pm |
Oliver — Apparently the license solves all problems.
Sam — Thanks for reminding me of the 21st amendment. There is still some gray area, potentially, since it references transportation “for delivery or use” of liquor within that territory. Does airspace count as “territory”? Does liquor that is brought into the state but not intended for local consumption on the ground count? (Not asking YOU, per se, just asking…) Looking forward to seeing how this plays out.
January 30th, 2007 at 7:35 pm |
A couple of items on this:
1. Utah was one of the last states to repeal its state prohibition that Sam mentions above. I have spoken to people who told me that they were on planes that had to stop serving booze over Utah airspace in the 50s. Very odd.
2. Northwest Airlines got in a big conflict a couple of years ago with Michigan beer (and wine?) distributors. NWA was allegedly bringing in sufficient alc bevs from Minneapolis for the round-trip thereby alleviating them of needing to buy more expensive alc bevs in Michigan. It was a front page story in the Free Press in Detroit.
February 9th, 2007 at 5:40 pm |
[…] Maybe US Airways does have a liquor problem… Maybe New Mexico’s recent restrictions on US Airways’ serving liquor on flights to and from the state had something to do with company CEO Doug Parker. The executive has apparently been busted for driving under the influence, perhaps after downing one too many mini-bottles from the drink cart. Maybe he should have had a cup of the God-awful “Ma Parker’s roast” coffee that his airline served instead. (Then again, that swill will drive anyone to drink.) […]
June 18th, 2007 at 12:27 am |
[…] right to serve any wine Unlike jetBlue… US Airways, which got into trouble for selling booze without a license in New Mexico a few months ago, and which has been serving the sauce with a temporary scrip since […]