Supporters of the law say it could become a model for other states. It has been strongly opposed by airlines.
Industry lawyers told the judge on Tuesday that only federal authorities can regulate airlines, and requested an injunction to stop the state law from taking effect Jan. 1. Instead, Kahn dismissed the lawsuit.
"The field of health and safety is one of the most established areas of state police power," Kahn wrote. "Fresh air, water, sanitation, and food are necessities in the extreme situation in which this act applies. It threatens the public health to contain people on grounded airplanes for hours without these necessities, particularly, though not exclusively, if passengers include diabetics, young children, the sick, or the frail."
The Air Transport Association, whose members carry more than 90 percent of US passenger and cargo traffic, said it believes the judge misinterpreted the law and is considering its options, including filing an appeal.
"ATA's sole purpose in filing this lawsuit was to preserve the principle that commercial aviation is best regulated by one source - the federal government - and not 50 individual states," the association said in a prepared statement.
The law says that after a pre-takeoff delay of more than three hours, airlines must ensure passengers, as needed, get electric generating service for fresh air and lights, waste removal to service restroom holding tanks, and adequate food, drinking water, and other refreshments.
"We're the first state in the country to do this," said Assemblyman Michael Gianaris, a Queens Democrat and sponsor of the measure. "The airline industry threw all its firepower at us and we stood up to them."
"What happens now is this movement spreads to the rest of the country and hopefully we'll have a national standard protecting airline passengers in the not too distant future," Gianaris said.
