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You are correct. I was loose with the terminology and misspoke.
The Judge granted a 10 day "restraining order" against the state from enforcing the act. It did not rule on the injunction. In fact it specifically states "until such time as the Court decides Charlotte's Motion for Preliminary Injunction". i.e. it has not offered an "opinion" or decision on the matter.
That is the best way to put it. Of course the City wrote the order and I like the scratched out stuff.
I think there is a large chance that the legislature goofed up in their hurry to pass the bill. I may be no attorney but creating a "regional authority" over several counties looks to me in plain language like something beyond a "local" bill and it should have the governor's signature. Local bills are supposed to be minor things like moving DMV offices and honoring local military veterans.
It also goes against centuries of precedent to ignore the wishes of a local delegation and pass a bill over their objections. Maybe there have been some examples over time such as creating a state hazardous waste site, but it is very rare.
FYI the state constitution defiles local laws as those affecting lest than 15 counties. Concord isn't happy either. No one with an airport bigger than a postage stamp would be.
I listened to the interview with the Charlotte governor this morning on TV. He had a couple of interesting comments about the Airport bill.
First he said this isn't an argument of state power vs city power. It's an argument between the Charlotte business community and the Charlotte local political establishment.
Second, he said that US Airways had expressed concerns about how the city was operating the airport of late. Another blog did state that one of Charlotte's city councilmen actually insulted US Airways executives.
Third, US Airways is the 3rd largest employer in the city.
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IMO, this is the real background as to why the state moved to put the Airport under and independent board and away from the Charlotte political establishment. McCrory did say that while he was mayor, he made sure the council and politics left the airport alone.
IMO, this is the real background as to why the state moved to put the Airport under and independent board and away from the Charlotte political establishment. McCrory did say that while he was mayor, he made sure the council and politics left the airport alone.
How much do security guards at airports get paid? Do you think it was political to swap them out for CMPD?
Anyone can insult anyone at any time. Sure isn't a reason to change a state law and again, the elephant no one is talking about is the bonds. Where does the state report that the bonds will not be effected?
And does the state have to get approval to change ownership of the airport from the FAA or not? I'm trying to gauge the level of blatant lies in the city's complaint because there's another word for that.
As far as US Airways goes, I'm sure they are keen to pay less than they are now. That's business. So that can be behind it though they deny it. Any comments about the subject are anecdotal right now.
And anytime a superior political body takes control of something away from a junior body it's political.
If there were problems they those problems should have been stated and the public should have been invited in to the discussions.
And that's the gist of it. Because frankly it sounds like revisionist history at this point.
Well there's a new story in the Observer today (linked below to WCNC) which gives some info I haven't heard before including that it was U.S. Air that drafted the bill.
It is starting to sound more and more like US Airways invited the NCGA to get involved because the city was beginning to become more inquisitive about airport operations. I think one of the things that bubbled out of the DNC review was that security in uptown was good but coordination with CMPD and the airport was a rough spot.
Orr had a good thing going for a long time but it's probably inevitable that the city would stop being laissez-faire want more oversight.
I suppose the next piece of gossip to land will be what exactly is it that US Airways wanted to do, which the city was hesitant in granting.
It is starting to sound more and more like US Airways invited the NCGA to get involved because the city was beginning to become more inquisitive about airport operations. I think one of the things that bubbled out of the DNC review was that security in uptown was good but coordination with CMPD and the airport was a rough spot.
Orr had a good thing going for a long time but it's probably inevitable that the city would stop being laissez-faire want more oversight.
I suppose the next piece of gossip to land will be what exactly is it that US Airways wanted to do, which the city was hesitant in granting.
I wonder how much of this had to do with Delvonte Tisdale. Instead of anything specific, the report CMPD did after that situation probably chapped some folks. But that wouldn't explain why US Air would write the draft bill. I'm thinking it was simply money to them.
Just a guess - but US Airways may have figured that a regional authority is more of a "muddle" of a committee, comprised of members who were handed political plum appointments from their respective counties... people who would not speak too much with each other outside of the official meetings. Orr may have liked the idea because the committee would be comprised of many newbies he could sway. And a pay increase, to boot.
I believe, all the other major airports in NC are already under this authority arrangement.
It's not new news that US Airways was behind this and I'm not surprised they had a hand in drafting the bill. Last I remember, they employ 8-9 thousand people in Charlotte and these are well paying jobs which means that local politicians should pay attention to them instead of playing hard ball. The State has a vested interest in protecting these jobs when the delusional city council starts to interfere.
Finally, the city has no cards to play in this game. While they have cited the Constitution, they don't seem to understand the basics. They should read Article VII, Section I
Section 1. General Assembly to provide for local government.
The General Assembly shall provide for the organization and government and the fixing of boundaries of counties, cities and towns, and other governmental subdivisions, and, except as otherwise prohibited by this Constitution, may give such powers and duties to counties, cities and towns, and other governmental subdivisions as it may deem advisable.
This means the GA can give or take any power from the city as it pleases. The city has no say in it. GA power constitutionally trumps municipal power, always.
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