North Fork residents who’ve taken a stand about the helicopter noise that they say has once again reared its ugly head, shattering the quiet of spring weekends, were outraged yesterday to learn that a decision on the matter has been delayed by another three weeks.
Yesterday, the Town of East Hampton sent out a release announcing that the federal court has issued an order extending the deadline to rule on a motion seeking to block enforcement of three local laws passed by the town to curb excessive airport noise.
According to East Hampton Town officials, the federal court heard arguments on May 18 on the request for a temporary restraining order. At the request of Judge Joanna Seybert, the town agreed to defer implementing the laws for three weeks to give the court time to rule on a preliminary injunction, a release from Town Supervisor Larry Cantwell said.
Cantwell agreed to the delay, because he said he felt it was necessary to “respect the judicial process”.
Assistant United States 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 by the date of the ruling, expected by June 8.
But now that date has been extended; in yesterday’s order, Judge Seybert extended the deadline until June 26, citing “the complexity of the issues involved”.
“The town board remains confident that it will prevail in the litigation, however, out of respect for the judicial process, the town has agreed to continue not to enforce the local laws pending the court’s decision,” Cantwell said in a release.
The delays have frustrated residents who’ve said with the kick-off of the season, helicopter noise is once again amping up.
Southold Town Supervisor Scott Russell said he has “never found the courts to be prompt and responsive on any issue, especially those issues that were of a paramount concern. The delay is disappointing but not surprising. I am getting some complaints, although not nearly as many in the past and, no doubt, as many as there will be in the future,” about helicopter noise, he said.
Last month, Russell said, of the TRO against implementing the East Hampton town board’s effort to limit the impacts of helicopters, “We all knew this would be a protracted legal battle. 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.”
In April, after months of public outcry and many meetings on the East End to address the escalating and controversial issue, the East Hampton town board voted to adopt legislation that will prohibit use of the airport in East Hampton between the hours of 11 p.m. and 7 a.m. In addition, use of of the airport by noisy aircraft is prohibited between the hours of 8 p.m. and 9 a.m. Finally, more than two uses of the airport by a noisy aircraft during a calendar week is prohibited.
A much-debated fourth restriction, which would have banned all helicopter traffic on weekends, from Thursday to Monday during the height of the summer season, was ultimately not included in the vote.
Not even a week after East Hampton adopted the legislation to curb helicopter noise on the East End, the town was slammed with a lawsuit by the Friends of East Hampton Airport, as well as several corporations, stating that the new restrictions were unreasonable and violated the United States Constitution.
In adopting the restrictions, the complaint stated, “the town has knowingly and purposefully transgressed the bounds of its extremely limited authority.” The complaint also said that the restrictions would cause “serious and irreparable harm” to businesses that depend upon the business generated by the airport; the restrictions will also cause neighboring airports to become congested, the complaint states.
According to East Hampton Town, “The complaint cites several federal laws and provisions of the U.S. Constitution, but conveniently forgets what makes these restrictions unique.”
East Hampton, the town’s statement added, “is fully prepared for this litigation and will vigorously defend its legal and constitutional right to impose reasonable, non-arbitrary, and carefully balanced restrictions.”
The adopted legislation came after a helicopter noise forum held last year in Southold and the formation of a helicopter noise steering committee.
Change came after a new 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 the reins in terms of overseeing 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.
Last year, 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 in June, the FAA did not adopt a proposal endorsed by New York State Senator Charles Schumer and former Congressman Tim Bishop to 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.
