The ordinance authorizes a settlement of a lawsuit by Airlines for America against San Francisco, requiring no monetary payment but contingent on changes to the Healthy Airport Ordinance. Each party will cover its own legal costs, and the lawsuit challenges the ordinance's compliance with federal law and constitutional issues.
Ordinance authorizing settlement of the lawsuit filed by Airlines for America against the City and County of San Francisco for $0 and non-monetary terms, including that Airlines for America will dismiss its current lawsuit contingent on the enactment of an ordinance making specific amendments to the Healthy Airport Ordinance, with each party to pay their own costs; the lawsuit was filed on March 31, 2021 in the United States District Court, Northern District of California, Case No. 3:21-cv-02341-EMC; entitled Airlines for America v. City and County of San Francisco; the lawsuit involves a federal preemption and constitutional challenge to the Healthy Airport Ordinance.
How it got here
This legislation originated from a lawsuit filed by Airlines for America challenging the Healthy Airport Ordinance.
Airlines for America filed a lawsuit against the City and County of San Francisco in the United States District Court, challenging the Healthy Airport Ordinance on grounds of federal preemption and constitutional issues.
The Healthy Airport Ordinance was enacted by the San Francisco Board of Supervisors, which later became the subject of the lawsuit.
The City Attorney proposed a settlement for the lawsuit, which included amendments to the Healthy Airport Ordinance and required the dismissal of the lawsuit by Airlines for America.
The proposed ordinance to authorize the settlement was received and assigned to the appropriate committee for further action.
Reconstructed from attached documents & the official record