Wyoming Supreme Court sniffing airport board's paper trail
Court rules Jackson Hole airport must follow public records law
Residents of Teton County may finally know the true motive behind the Jackson Hole Airport Board’s proposed $26 million purchase of its sole fixed-based operator (FBO), thanks to a public records law dating back to 1969. In a Jan. 15 opinion, Wyoming’s Supreme Court ruled that the board must adhere to the Wyoming Public Records Act and disclose documents related to the purchase.
The unanimous decision overturns an earlier district court opinion, which cited the more restrictive Special District Act as the reason the board could withhold certain documents from public request. But the overturned ruling now puts pressure on the board to disclose emails, financial projections, consultant reports, and other documents related to its decision.
Local pilots have complained to AOPA and the local media about policies at Jackson Hole Airport that favor larger aircraft like business jets over lighter general aviation aircraft.
As a recipient of federal and state grants, the airport must comply with FAA regulations that prohibit discriminating against certain segments of aviation and require accommodating competition at airports that receive federal funds.
The heads of the Experimental Aircraft Association (EAA) and the General Aviation Manufacturers Association (GAMA), as well as AOPA President Mark Baker, wrote the Jackson Hole Airport Board in 2017 to support establishing a second FBO at the airport. Additionally, two major airlines, United and SkyWest, sent letters to the board in support of establishing a second competing FBO.
Instead of accommodating Herrick’s request to build a second FBO, the airport board made the decision to purchase the sole FBO, Jackson Hole Aviation, for $26 million instead of promoting competition through a second FBO.
Although certain airports operate as their own FBO, it is typically not the case at high-traffic locations, and certainly not an option intended to be used by airport sponsors to thwart competition.
Bruce Moats, an attorney for Wyoming Jet Center, said, “This ruling is not only important for the right of Teton County residents to know what the airport is up to, but it presents the opportunity to learn more information as to how the Airport administration and board dealt with Wyoming Jet Center’s request to provide competition at the Airport through a second FBO and ultimately decide to reject competition in favor of a government-owned FBO.”
The decision is important for airports, governments that own airports, airlines, FBOs, GA, pilots, aircraft owners, concessions, commercial passengers, cargo shippers, and other persons and entities that use or do business with airports because it highlights the fact that publicly owned airports are subject to and must comply with state open records laws.
Wyoming Jet Center claims the board’s decision to operate the sole FBO is against federal law, and the company has filed a Part 13 complaint with the FAA as well as a second legal challenge in the Wyoming District Court questioning the purchase.
