The US Department of Transportation has sued Southwest Airlines, alleging that the airline operated two “chronically delayed flights” in 2022 that resulted in 180 flight disruptions. The lawsuit, filed in the US District Court for the Northern District of California, seeks maximum civil penalties. The Department of Transportation alleges that Southwest’s actions harmed passengers and fair competition across the industry.
According to the department, the two flights in question were between Chicago Midway and Oakland, California, and between Baltimore and Cleveland, and were delayed for at least five straight months. The department claims that Southwest operated the flights, which were responsible for over 90% of the disruptions. This was despite the airline’s knowledge that the schedule was not realistic, leading to frequent delays.
The Department of Transportation has a policy to define a flight as “chronically delayed” if it is flown at least 10 times a month and arrives late more than 50% of the time. The department claims that Southwest failed to fix its schedule to avoid the delays.
Outgoing Transportation Secretary Pete Buttigieg stated that the lawsuit is part of the department’s commitment to supporting passenger rights. Southwest Airlines has responded to the lawsuit, stating that it is “disappointed” and that it has operated over 20 million flights with no other chronic delay violations over the past 15 years.
In addition to the lawsuit, the Department of Transportation is also fining budget carrier Frontier Airlines $650,000 in civil penalties for delays. Of this fine, $325,000 will be paid to the US Treasury, and the remaining $325,000 will be suspended if Frontier does not operate any chronically delayed flights in the next three years. The department has also penalized JetBlue Airways $2 million for flight delays.