FOR IMMEDIATE RELEASE by FyY11D7p

VIEWS: 9 PAGES: 2

									FOR IMMEDIATE RELEASE                                                         Contact: Gail Cureton
August 9, 2001                                                                       941-643-0733



Stage 2 Ban is not discriminatory
      Court grants judgment in favor of Naples Airport Authority

(FORT MYERS, Fla.—August 8)—The United States District Court in Fort Myers yesterday

handed the City of Naples Airport Authority a victory in its efforts to address aircraft noise

issues. Judge Gregory Presnell granted the City of Naples Airport Authority motion for a

summary judgment thereby dismissing a lawsuit filed by the National Business Aviation

Association (NBAA) and General Aviation Manufacturers Association that challenged the

constitutionality of the Stage 2 ban at Naples Municipal Airport. The case was scheduled to go to

trial on August 20. The 17-page ruling opines that the NBAA did not prove its case challenging

the constitutionality of the Authority’s decision to ban Stage 2 jet aircraft. The court concluded

that the Stage 2 ban satisfies all constitutional standards, is reasonable and is not discriminatory.

       Yesterday’s ruling was the second major judicial victory for the Naples Airport Authority

in the past three weeks. On July 20, the court denied the NBAA request for a preliminary

injunction to stop the Authority’s Stage 2 jet ban. He also denied a motion by the NBAA that

would have eliminated some of the evidence proposed by the Authority’s attorneys.

                                                   -more-
STAGE 2 RULING 2/2/2



       “We believed that we had a strong case and are pleased that the court agreed with us.

Local communities have a right to decide what is in their best interests as long as they are not in

violation of the law,” says Eric West, Chairman, City of Naples Airport Authority. “Now, the

Authority can move forward in our efforts to address our community’s aircraft noise concerns,”

he adds.

               In January, the Authority approved a ban on Stage 2 aircraft—noisy jets built

primarily between 1975 and 1983. Enforcement of that ban was deferred after the Federal

Aviation Administration raised objection to elements of the Airport’s noise study. Those

objections stem principally from the Authority’s use of a 60-decibel noise level rather than a 65-

decibel level. The Authority is not compelled to use the higher level as a basis for the noise

study, but the FAA contends that Authority must provide documentation and evidence to support

using the 60-decibel level. In June, the Authority completed a supplemental noise study and

submitted it to FAA officials for review. To date, the Authority has received no response on that

supplemental analysis.

MEDIA NOTE: A CONFERENCE IS SCHEDULED FOR 3 P.M. TODAY (AUGUST 9) AT THE NAPLES

MUNICIPAL AIRPORT GENERAL AVIATION TERMINAL. THE TERMINAL IS LOCATED AT 160

AVIATION DRIVE NORTH.

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