The United States Department of Transportation (DOT) has intensified efforts to protect passenger rights by filing a lawsuit against Southwest Airlines for knowingly operating chronically delayed flights. The DOT's complaint, filed in California, highlights two specific routes—one linking Chicago Midway International Airport to Oakland, California and the other between Baltimore, Maryland and Cleveland, Ohio—which collectively saw 180 flight disruptions from April to August of 2022. According to the DOT, these disruptions have led the agency to seek “maximum civil penalties” against the airline.

Transportation Secretary Pete Buttigieg emphasized the legal obligations airlines have in providing realistic travel schedules, stating, “Airlines have a legal obligation to ensure that their flight schedules provide travelers with realistic departure and arrival times.” He further stressed, “Today’s action sends a message to all airlines that the department is prepared to go to court in order to enforce passenger protections” (CNN).

The DOT has classified these flights as “chronically delayed,” defined as those operated at least ten times a month and arriving more than thirty minutes late over fifty percent of the time. Reports indicate that Southwest Airlines was responsible for over 90% of the delays for these specific routes (New York Times).

In its defense, Southwest expressed disappointment that the DOT chose to pursue legal action over incidents from more than two years ago, emphasizing that it has operated over 20 million flights since the implementation of the DOT's Chronically Delayed Flight policy in 2009, with no prior violations (Reuters). The airline argued that the two flights in question do not represent an unrealistic scheduling pattern when weighed against its overall performance record.

In addition to the lawsuit, the DOT fined Frontier Airlines $650,000 for its own chronic delays, stipulating that $325,000 must be paid immediately while the remaining amount can be waived if the airline avoids future violations within the next three years (USA Today).

This legal action aims to highlight the need for airlines to adhere to realistic scheduling practices that prevent passenger disruption and uphold competition transparency in the airline industry. The lawsuit against Southwest Airlines will be settled in the U.S. District Court for the Northern District of California, which could set a critical precedent for future regulatory actions.

For further information, you can read the full articles on (NPR) and (Newsweek).