East Hampton helicopter rules put on hold for three weeks while court considers injunction application

With the busy Memorial Day weekend ahead and the summer season heating up, North Fork residents advocating for some relief from helicopter noise are seeing red after East Hampton Town, which is defending a federal lawsuit challenging airport regulations adopted last month, agreed to a three-week delay in the effective date of the new rules.

Plaintiffs in the suit, Friends of East Hampton Airport and several corporations, are seeking a preliminary injunction to prevent the rules from taking effect while the lawsuit is pending. But they asked the court for a temporary restraining order to stop implementation of the rules even before a decision on the injunction is made.

The parties presented arguments on the TRO request in court yesterday and then the town agreed to the three-week delay at the request of Judge Joanna Seybert, according to a press release from East Hampton Town Supervisor Larry Cantwell.

Cantwell said he agreed to the delay to “respect the judicial process.”

Assistant U.S. Attorney Robert Schumacher appeared on behalf of the Federal Aviation Administration and said the FAA also needed additional time for review.

The judge said that she would rule on a preliminary injunction within three weeks. East Hampton Town said in a release that they would post an update when the court makes its ruling, expected by June 8.

The news did not sit well  with residents demanding helicopter noise relief on the North Fork.

“This delay is very disappointing. I hope that all residents that live and vacation on the beautiful East End continue to file noise complaints with the FAA, the Eastern Region Helicopter Council and the East Hampton Town complaint line for all noisy aircraft bound for their airport,” said Teresa McCaskie of Mattituck. “We need to continue to send a strong message that we choose to live on the East End for the beauty that it offers. Commercial air traffic bound for the Hamptons while flying over the North Fork is not welcomed or wanted.”

Southold Town Supervisor Scott Russell called the delay “disappointing but not surprising.”

“We all knew this would be a protracted legal battle,” Russell said. “I am confident in the abilities of Supervisor Cantwell and the town board there to fight the good fight on behalf of all of the East End communities and overcome any setbacks.”

After months of public outcry and many meetings on the East End to address the escalating problem of helicopter noise associated with the town’s municipal airport, the East Hampton Town Board adopted legislation that prohibits use of the airport between 11 p.m. and 7 a.m. and use of of the airport by “noisy aircraft” between 8 p.m. and 9 a.m. The new rules also limit use of the aircraft by “noisy aircraft” to two trips in and out per calendar week.

A much-debated provision that would have banned all helicopter traffic from Thursday to Monday during the height of the summer season was ultimately not included in the vote.

Less than a week after the legislation was passed,  Friends of East Hampton Airport and several private companies filed a federal lawsuit against the town, claiming that the new restrictions are unreasonable and violate the U.S. Constitution.

The town “knowingly and purposefully transgressed the bounds of its extremely limited authority” in enacting the new restrictions, according to the federal complaint, which also claims the restrictions will cause “serious and irreparable harm” to companies that depend upon business generated by the airport. The restrictions will also cause neighboring airports to become congested, according to the complaint.

“The complaint cites several federal laws and provisions of the U.S. Constitution, but conveniently forgets what makes these restrictions unique,” the town said.

East Hampton “will vigorously defend its legal and constitutional right to impose reasonable, non-arbitrary, and carefully balanced restrictions.”

The new rules came after a new town board in East Hampton proved receptive to the cries of its East End neighbors. On December 31, the town of East Hampton let expire four FAA grant assurances, taking back oversight of its airport. For years, East Hampton had its hands tied and could not regulate hours of operation and number of flights after accepting funding from the FAA.

Although the federal rule requiring Hamptons-bound helicopters to fly over the L.I. Sound along the north shore was extended for two years by the FAA last June, the agency did not adopt a proposal endorsed by New York State Senator Charles Schumer and former Rep. Tim Bishop that would require helicopters to stay off-shore and fly around Orient Point and Shelter Island to the South Fork. Riverhead Town Supervisor Sean Walter first argued for that route in 2010, but got no response.