JUDGE DISMISSES SOUTHWEST LAWSUIT AGAINST CITY OF SAN ANTONIO
October 27, 2025
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On August 29, 2025, the United States District Court for the Western District of Texas dismissed a lawsuit filed by Southwest Airlines against the City of San Antonio, challenging the City’s gate allocation process at San Antonio International Airport. Southwest filed suit in September 2024 after the City declined to grant Southwest gates in the newly designed Terminal C while other U.S. air carriers, most notably American and Delta, obtained access. According to Southwest, the criteria used to allocate gate space should have been governed and preempted by the Airline Deregulation Act of 1978. The Court rejected Southwest’s preemption claim, holding that the City acted as a market participant rather than a regulator and that the City did not dictate the terms on which the airline operated. Since the City did not regulate Southwest’s conduct nor did it prohibit certain routes or services, the Court found that the City’s actions were not preempted by the ADA. Following the decision, Southwest announced plans to appeal the ruling and file a separate complaint with the FAA.
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