Town's Airport Curfews Stand; Tougher Rules Remain in Limbo
An overnight curfew on aircraft using East Hampton Airport will go into effect next week, despite a legal challenge, however tougher flight limits remained on hold following a court decision released on Friday.
Judge Joanne Seybert of United States District Court in Central Islip issued an injunction Friday against a town law that would limit summertime takeoffs and landings by noisy aircraft to one per week, but agreed that the town may institute the nighttime curfew on use of the airport.
A curfew that will close the airport from 11 p.m. to 7 a.m. and prohibit takeoffs or landings by aircraft that fall into a “noisy" category, which includes most helicopters, from 8 p.m. to 9 a.m., will go into effect on Thursday.
Town officials received word late Friday on the decision. It had been expected after a delay of several weeks following a conference with Judge Seybert earlier this spring.
“We’re pleased the judge has acknowledged that the Town was justified in adopting restrictions to provide relief to the growing number of people who are negatively affected by aircraft noise. Although we regret that one of the key laws cannot be enforced for the time being, we are gratified that the Court recognized that the law allows the kind of restrictions that are essential to protect the residents of this Town,” East Hampton Town Supervisor Larry Cantwell said in a press release.
The East Hampton Town Board adopted laws in April establishing the overnight airport curfews and limiting types of aircraft deemed noisy to one takeoff and landing per week during the summer season. They were challenged in a lawsuit by a coalition of aviation interests calling itself Friends of the East Hampton Airport. After Judge Seybert heard oral arguments on May 18, the town agreed to postpone enforcement of the laws pending her decision on a injunction.
The Federal Aviation Administration supported the injunction request, saying that it needed time to examine the legality and impact of the laws.
In a 45-page decision, Judge Seybert reviewed applicable laws and constitutional principles raised by the plaintiffs in the lawsuit, which included a number of federal aviation regulations. She affirmed the right of East Hampton Town to adopt restrictions to address excessive airport noise, noting that “it cannot be argued that the Town lacked the data to support a finding of a noise problem at the Airport.”
“The Court’s decision today is an important first step, but we must recognize that our opponents are well funded and will not give up easily,” said Councilwoman Kathee Burke-Gonzalez, the town’s airport liaison, in the release. “In light of today’s ruling, however, we encourage our opponents to rethink their strategy. It’s time to do what’s best for the Town and adapt aircraft operations to fit our reasonable restrictions,” she said.
The East Hampton-based Quiet Skies Coalition, a citizens group that has advocated for use restrictions at the airport to ameliorate aircraft noise, said on Twitter, “With today's disappointing ruling by the judge, she has permitted businesses to prevail while East Enders suffer.”