Airlines For America v. City and County of San Francisco
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 AIRLINES FOR AMERICA, Case No. 21-cv-02341-EMC
Plaintiff,
ORDER GRANTING DEFENDANT’S
v. MOTION FOR SUMMARY
JUDGMENT, AND DENYING
CITY AND COUNTY OF SAN PLAINTIFF’S MOTION FOR PARTIAL
FRANCISCO, SUMMARY JUDGMENT
11 Defendant. Docket Nos. 41-42 12 13 Plaintiff Airlines for America (“A4A”) filed this action against Defendant City and County of San Francisco (the “City”) alleging that San Francisco’s Healthy Airport Ordinance (“HAO”) is preempted by multiple federal statutes. Docket No. 1 (“Complaint” or “Compl.”). The HAO requires certain airline employers to, among other things, provide adequate healthcare access for its employees. The parties agree that the Court must resolve the following threshold question before it can reach A4A’s preemption arguments: Whether the City acted as a market participant in enacting the HAO. The City asserts that its market participant defense precludes A4A’s …