LEXINGTON, Ky. -- ARTA released details of a legal defense fund
established to help appeal a federal court ruling in Dallas that
virtually prevents travel agents from suing airlines over alleged
abuses.
Agents can make checks payable to Law Offices of Stephen Gardner
Trust Account and send them to Law Offices of Stephen Gardner, 3102
Maple Ave., Suite 330, Dallas 75201, Attn: Travel Agent Defense
Fund.
Gardner is defending First Class International Travel Management
of Newport Beach, Calif., which sued American Airlines in the U.S.
District Court in Dallas, alleging various abuses of state law. The
court threw out the charges on the grounds that the federal
pre-emption clause in the Airline Deregulation Act bars agents from
using state laws to sue airlines.
ARTA and ASTA have expressed concern that the ruling, if it
stands, could have wide ramifications.
"This disastrous ruling must be overturned on appeal, or agents
may have a very tough time defending their rights in court from now
on," ARTA president John Hawks said.
In announcing the defense fund, ARTA said the names of donors
and amounts of donations will be kept confidential; donations are
not tax deductible.