On Oct. 21, NBAA filed papers in a federal appeals court in Washington, D.C., asking the court to allow it to participate in the appeal involving the Stage 2 ban at Naples Municipal Airport. The organization claims, as a recipient of federal funding, the Naples Airport Authority “is required under federal law and a contractual grant assurance to make the airport available for public use on reasonable terms and without unjust discrimination.” The FAA investigated Naples’ Stage 2 ban, which began March 1, 2002, and on Aug. 25, 2003, issued a decision finding the ban unreasonable and thus a violation of federal law and the grant assurance. NBAA participated in that investigation, arguing that the ban is unlawful. The FAA agrees and will refuse to approve federal grant assistance for the airport as long as the ban remains in place and enforced. In September, the Naples Airport Authority filed an appeal of that decision with the U.S. Court of Appeals for the District of Columbia Circuit. NBAA — now joined by GAMA — wants to rejoin the noisy battle, claiming it has been involved “both before and after the ban was enacted, and should be permitted to participate in the court appeal as well.”
