After being served with a 30-day eviction notice for its Santa Monica Airport (SMO) FBO on September 15, Atlantic Aviation has filed a new submission to the docket in its ongoing Part 16 complaint to the FAA. Atlantic filed a Part 16 complaint with the FAA on September 13, following the city council’s stated plan to evict its airport’s two FBOs—Atlantic Aviation and American Flyers—and replace them with city-run services.
The new submission is a “motion for cease and desist order” asking the FAA to “issue an emergency order” that would force the city to stop the eviction proceedings while the Part 16 complaint process continues.
The city also served Atlantic Aviation (and presumably American Flyers) with a notice terminating the agreement allowing the FBO to sell fuel at SMO. The notice takes effect October 15, according to Atlantic’s filing to the docket.
The filing explained: “Permitting the city to evict complainant while complainant’s claims are pending before the FAA would undermine the FAA’s exclusive authority to ensure safe and efficient use of national airspace and to enforce airport grant assurances and other federal obligations.”
Pointing out that the city has not answered the FAA’s request for plans to provide FBO services at SMO and is evicting the airport’s two fuel suppliers (Atlantic is the sole jet-fuel supplier), Atlantic warned, “Consequently, without intervention, the city’s actions will effectively shut down SMO.” Quoting an earlier interim order that halted the city’s attempt to ban Class C and D jets, the filing noted, “The city cannot ‘divest’ nearly all ‘aircraft operators of their right to use SMO and the FAA of its jurisdiction over its administrative process to which the city, as a federally obligated airport, must adhere.’”
Atlantic Aviation pointed out that the city’s moves to evict the FBOs and its attempt to close the airport will have implications that extend beyond the local area. These effects will ripple out to other Southern California airports that would have to absorb SMO tenants and also affect regional and interstate commerce. Again quoting the earlier order, “‘Allowing one city’ to flout the FAA’s authority, distort the grant process and severely restrict aviation operations at SMO ‘will encourage other local governments to follow suit, thus creating a patchwork of local laws affecting aviation, which is the province of the federal government,’ and more specifically the FAA.”
Atlantic Aviation is confident that it will prevail in its Part 16 complaint, and it believes that the harm that would be caused by the evictions justifies the FAA’s issuance of a cease and desist order.
In a press release announcing the city’s plans as voted on by the city council on August 23, mayor pro tem Ted Winterer said: “Our council and community in solidarity want to close the airport that predominantly caters to the one percent that can afford to travel by private jet. We have directed the city manager to take every step possible to expedite the transformation of our land from airport to park. There are real legal obstacles and while we need to be conscientious as we navigate the court system, our resolve to close the airport is firm.”
Nelson Hernandez, the senior advisor to the city manager and the one who sent the eviction notices to American Flyers and Atlantic Aviation, added this note to his release of the notices: “Apparently Atlantic Aviation believes it has a right to be an FBO at Santa Monica, thus essentially using our land as an active jetport for their private profit. As senior executives of Atlantic Aviation acknowledged during a meeting with the city in February, for many decades the FAA has permitted airport owner/operators, such as Santa Monica city, the right to operate a municipal FBO and evict private FBOs. You will notice Atlantic Aviation conveniently happens to omit mention of that fact in their Part 16 [filing]. I think I know why, but it is best not to rush to judgment.”
The Santa Monica Airport Association, which represents pilots, airport tenants and pro-airport members of the local community, sent a bulletin to members on September 19, explaining that “city hall's current headlong panic to implement its ill-conceived plan to close the Santa Monica Municipal Airport is courting disaster. Running an airport is no job for amateurs, and that is just what the city is proposing to do at our airport.” The association also pointed out that in surveys of residents’ interests, closing SMO ranks at the bottom, below traffic, overbuilding and homeless issues.”
The city’s eviction notices to the airport’s two FBOs are, according to the association, “Obviously an illegal retaliatory eviction, [and] this action is just begging for a restraining order.”