Tall People Lose Bid To Sue Airlines
March 2 (BCN) — A Silicon Valley social club for tall people has lost a bid in a state appeals court in San Francisco to sue 12 airlines to demand more legroom for tall air travelers.
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The California Court of Appeal upheld a ruling by San Mateo County Superior Court Judge Phrasel Shelton last year dismissing the lawsuit by the Tall Club of Silicon Valley.
A three-judge appeals panel, in a ruling issued on Friday, unanimously agreed that such matters should be left to the federal Department of Transportation and that state courts shouldn't try to intervene.
Court of Appeal Justice Patricia Sepulveda wrote that state courts should abstain from "entanglement in a highly regulated field involving complex economic forces that could not be effectively addressed by court injunction."
The Tall Club of Silicon Valley, whose motto is "Heads Above the Rest," was founded in 1980. It sponsors social events and public service projects for tall people. Stay current! Get abc7news.com news reports delivered right to your inbox for free.
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The club sought to sue a dozen airlines including Alaska Airlines, Southwest Airlines, American Airlines and US Airways under the state's unfair business practices act.
The suit asked for a court order directing the airlines to provide tall people with preferential seating in exits rows and other seats with more legroom.
The appeals court noted that the club had also filed a petition with the Department of Transportation and that the federal agency had refused to require special accommodations for tall people.
The court said the Department of Transportation concluded that such a rule would impose considerable costs on the struggling airline industry and would be unfair to other groups that might also argue for special seating.
The appeals panel said the Tall Club "received full consideration of its request" at the federal agency and could have appealed the agency's conclusion in the federal courts.
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