Airlines For America v. City and County of San Francisco

Good Law
United States District Court, Northern District of CaliforniaApril 5, 20223:21-cv-02341California14,220 words

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 …

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