In a case decided on November 4, 2016, the United States Court of Appeals for the Second Circuit has granted a preliminary injunction against three local laws enacted by the Town of East Hampton which protect the public from the adverse impacts of noise pollution.

I respectfully disagree with the decision of the Court. The Town of East Hampton is the owner of the airport. Like all property owners they have a responsibility to insure that their property is not used in a way that is injurious to the public health and safety of its residents. That is what the Town of East Hampton did with the enactment of its local laws.

With this decision, the Court has expanded federal control at the expense of local government, eroding the concept of home rule. In doing so, the Court has now raised the question of whether or not the Town of East Hampton should be in the “airport business” at all. The health and safety of its residents must always take precedence over commercial enterprise. While I have always believed that the responsible operation of an airport in East Hampton is an asset to the Town, this court causes all responsible persons to first reconsider whether or not the Town should be in the airport business.

I commend the Town of East Hampton for its responsible actions to protect the peace and good order of the entire East End, as well as cherished and well established concepts of home rule.

Unfortunately, this court decision places the authority for the protection of the people of the East End squarely on the back of the federal government, in general, and the FAA in particular. The FAA has shown itself to be interested only in protecting the moneyed special interests of the helicopter industry. There is no reason to believe that will change. Now, it will be up to the U.S Congress, the elected representatives of the people, to insure that this federal usurpation is reversed and the concept of home rule restored by recognizing that the Town of East Hampton, as an airport proprietor, need not ask permission of the FAA to undertake the most basic function of government: the protection of public health and safety.