Appeals Court Rules FAA Won’t Be Required to Make Airplane Seat Size or Spacing Rules

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If you've been feeling cramped on domestic airlines lately, you're not the only one. Over the past couple of years, flyers have vented their frustration over cramped seating and lack of legroom among other airline woes. In the Summer of 2022, Congress took action which led to the FAA accepting comments from the American public about airplane seat sizing.

Despite igniting interest and even excitement from flyers about possible changes, a recent appeals court ruling has shattered any hope of expanded seats anytime soon. Last Friday, the D.C. Circuit Court of Appeals denied a petition that would require minimum airplane seat sizes and spacing rulings. The petition was brought forward by a flyer advocacy group that argued minimum airplane seat sizes were necessary for passenger safety. The appeals court ruled that the advocacy group, FlyersRights.org, did not make a "clear and indisputable" case showing how smaller seat sizes were dangerous and why regulations for seating sizes were necessary.

The ruling comes as a blow to many, including the advocacy group that long since petitioned the FAA to require changes. In 2018, Congress also joined in on the action by giving the FAA one year to establish minimum seating dimensions. Despite Congress intervening, such minimum seating rules were never established.

The ruling was written by Circuit Judge Justin Walker and relayed the opinion of the three-panel court that voted down the advocacy group's argument. The opinion detailed that there was no evidence of an increased risk of blood clots or other passenger safety risks, or the inability to safely exit the aircraft during an emergency. Walker acknowledged that airline seats were “uncomfortably small,” but he added “That is why some passengers pay for wider seats and extra legroom. But it is not 'clear and indisputable' that airline seats have become dangerously small."

The president of FlyersRights, Paul Hudson, shared that the court's decision ignored Congress's interjection on the matter which sought to make regulations regarding minimum standards for seat sizes.

FlyersRights has long petitioned the FAA to rethink seat sizes, although their demands have largely gone ignored. The advocacy group highlights that since the deregulation of airlines in 1978, seat sizes have only gotten smaller, with seat pitch shrinking to as little as 28 inches, four to seven inches smaller than in the pre-regulation era. Hudson highlights that while seat sizes have gotten smaller, many passengers have only gotten larger over the years.

Understandably so, airline companies have fought off consumer concerns about shrinking seats, as reconfiguring airplanes in order to increase seat sizing would be a costly burden.

Hudson acknowledges that while configurations would be a costly undertaking, given the nature of travelers today, smaller seats pose too great a risk to be ignored. In an interview with Business Insider, Hudson shares that shrinking seat sizes are burdensome for both men and women with men often suffering at higher rates. "Only about 50% of the population can fit in the seats and for men, only about 13% have shoulders that are narrower than the seats," Hudson said.

Michael Kirkpatrick, a lawyer representing FlyersRights, shared his disapproval of the Court's ruling. He explained, "Even rules codifying the status quo would stop seat dimensions from getting even smaller."

The FAA has yet to issue a statement regarding the appeals court ruling.