NEWS FROM THE LIGHTER SIDE OF THE LAW
Safari Hunters Beware! Delta Air Bans Trophy Transport and 42 Airlines Follow Suit
On June 7, 2016, a Texas federal district court granted a Delta Air Lines Inc. motion to dismiss a lawsuit claiming Delta’s ban on transporting safari hunting “trophies” was discriminatory, constituted “tortious interference” and violated certain statues and regulations relating to the Federal Aviation Administration (F.A.A).
In late 2015, Delta announced an immediate ban on the transport of the “Big Five” safari hunt “trophies”, including lions, leopards, elephants, rhinoceroses and buffalo, on its planes. This announcement followed public outrage stemming from a hunt by an American tourist in Zimbabwe that resulted in the death of a locally-known lion named “Cecil”.
As a result of the ban, two safari clubs, a non-profit sustainable hunting group, a community-based natural resources management program and a hunter filed suit to receive an injunction against the ban and unspecified damages.
In granting Delta’s motion, Judge Barbara Lynn stated, “Although, because plaintiffs are hunters or other parties who benefit from the hunting of the Big Five, Delta’s ban negatively affects them, that impact does not mean Delta’s decision is unlawful or actionable.”
The plaintiffs first claimed that Delta’s ban on the transportation of “trophies” was discriminatory. The plaintiff’s asserted that under federal law, Delta’s classification as a “common carrier” prevents the airline from discriminating against passengers or cargo. However, Judge Lynn ruled that although Delta’s status as a “common carrier” prevents the company from discriminating among customers, they are free to refuse particular types of cargo.
The plaintiffs additionally argued that Delta’s ban was a “tortious interference” because of its “deceptive and defamatory effect”. However, Judge Lynn held that the tortious interference claim was blocked by the Airline Deregulation Act of 1978 because the ban was related to a service provided by the airline.
Finally, the plaintiffs claimed that Delta violated statutes and related F.A.A regulations. However, Judge Lynn held that the plaintiffs did not have a private right to sue Delta under these provisions because Congress did not intend to create a private right to bring suit and federal regulations cannot provide that right if there is no Congressional authority granted.
As of the current date, 42 airlines have established “trophy” bans similar to the Delta ban in question. UPS and FedEx have continued to ship “trophies”.