demanded to know what she was doing. Chrissafis explained that two Continental employees had given her permission to return the keys to her friend and reboard the aircraft. Nevertheless, Burgess closed the door to the plane, leaving Chrissafis in the waiting area. Despite Chrissafis's protestations, Burgess refused to allow Chrissafis to reboard the flight.
As Burgess leaned to lock the door to the aircraft, her forearm collided with Chrisaffis's forearm. At that point, Burgess declared that she was going to call the police and have Chrissafis arrested. As Burgess called the police, one of the Continental employees who had allowed Chrissafis to exit the aircraft opened the gateway door from the other side. That employee instructed Chrissafis to follow her back on to the aircraft, which Chrissafis did.
Burgess objected and followed Chrissafis and the Continental employee down the ramp to the airplane. Once aboard the airplane, both Chrissafis and Burgess told their stories to the pilot. The pilot instructed Chrissafis to retrieve her carry-on belongings and exit the plane. Chrissafis complied with the pilot's instructions.
By the time Chrissafis returned to the boarding area, four Chicago police officers had arrived. Burgess told the police officers her version of what happened and Chrissafis was arrested for battery. Chrissafis was placed in a holding cell at O'Hare and then transported to a Chicago police precinct where officers photographed and fingerprinted her. Chrissafis was then strip-searched and incarcerated in a cell at the police station. Chrissafis remained incarcerated for several hours until bail could be posted.
On August 15, 1994, a hearing was held on the criminal complaint filed by Burgess. Chrissafis retained counsel, returned to Chicago, and appeared at the hearing. Burgess did not appear at the hearing and the court dismissed the battery charge.
Motion to Dismiss
A court may dismiss a complaint pursuant to Rule 12(b)(6) only if it is clear that no relief is possible under any set of facts that could be established consistent with the allegations. Bartholet v. Reishauer A.G., 953 F.2d 1073, 1078 (7th Cir. 1992). All well-pleaded facts in the complaint are taken as true and all inferences are drawn in the light most favorable to the plaintiff. Dawson v. General Motors, 977 F.2d 369, 372 (7th Cir. 1992).
Defendants Continental and Burgess move to dismiss the complaint on the grounds that state tort and contract claims are preempted by the Airline Deregulation Act ("ADA"), 49 U.S.C. § 41713(b).
In order to decide the issue, an understanding of the policies underlying the ADA is necessary. Therefore, the court begins its analysis by recounting the history of the act.
I. HISTORY OF PREEMPTION PROVISION
In 1938, Congress passed the Federal Aviation Act ("FAA") which created the Civil Aeronautics Board ("CAB"). American Airlines, Inc. v. Wolens, 513 U.S. 219, 130 L. Ed. 2d 715, 115 S. Ct. 817, 821 (1995). The FAA authorized the CAB to regulate entry into the interstate airline industry, the routes airlines could fly, and the fares they could charge consumers. Id. The statute contained a savings clause that preserved state common law claims. Id. Although the 1938 Act was replaced by a similar regulatory scheme in 1958, the principal provisions of the 1938 statute remained in effect until 1978. Morales v. Trans World Airlines, Inc., 504 U.S. 374, 422, 119 L. Ed. 2d 157, 112 S. Ct. 2031 (1992) (Stevens, J. dissenting). In 1978, Congress amended the FAA by enacting the ADA "to encourage, develop and attain an air transportation system which relies on competitive market forces to determine the quality, variety and price of air services." Id. (citing H.R. Conf. Rep. No. 1779, 95th Cong., 2d Sess. 53 (1978), reprinted in 1978 U.S.C.C.A.N. 3737, 3773).
When it created the ADA, Congress intended to "ensure that the States would not undo federal deregulation with regulation of their own." Id. at 378. Accordingly, Congress enacted a preemption clause to prevent state regulation of the airline industry. The ADA's preemption clause provides that a state:
may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier.
49 U.S.C. § 41713(b). By including this preemption clause, Congress sought "to prevent state economic regulation from frustrating the benefits of federal deregulation, and to clarify the confusion under the prior law which permitted some dual state and federal regulation of the rates and routes of the same carrier." Morales, 504 U.S. at 424 (Stevens, J., dissenting) (citing 44 Fed. Reg. 9948, 9949 (1979)).
While Congress sought to preempt state economic regulation over the airline industry, it retained the savings clause from the 1938 Act. See 49 U.S.C. App. § 1506. The savings clause reads:
Nothing contained in this chapter shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this chapter are in addition to such remedies.