The ultra-low-cost carrier called the awards to Alaska ‘bogus.’
A Spirit A320neo in Los Angeles (Photo: AirlineGeeks | William Derrickson)
Spirit has filed a lawsuit against the U.S. Department of Transportation over its recent allocation of slot exemptions at Washington’s Ronald Reagan National Airport. The suit challenges the DOT’s decision to award two “limited incumbent” slot pairs to Alaska instead of Spirit.
At issue are 10 slot exemptions created by the 2024 FAA Reauthorization Act for flights beyond the airport’s 1,250-mile perimeter limit. The DOT awarded eight slot pairs to major carriers like American, Delta, United, and Southwest. The remaining two were designated for “limited incumbent” airlines.
In its lawsuit, Spirit argues it should have received the limited incumbent slots based on the statutory definitions. The ultra-low-cost carrier contends it qualifies as a limited incumbent because it previously held four permanent slots at DCA, even though it later sold them.
Spirit served Reagan National over a decade ago. The airline claims the DOT misapplied the regulations by requiring carriers to currently operate at the airport to be considered incumbents.
The airline also alleges Alaska should have been disqualified from limited incumbent status due to its extensive codeshare relationship with American, the largest airline at Reagan National.
“By awarding the two slot pairs to Alaska on bogus grounds, the DOT gave them to a carrier that is functionally affiliated with the single largest slot holder at [Reagan National],” the carrier stated.
The DOT defended its decision, stating Alaska does not receive “meaningful access” to the airport through its American codeshare. The agency also said its allocation promotes competition by expanding Alaska’s limited presence at the airport, which includes nonstop service to Portland, Seattle, San Francisco, and Los Angeles.
Other carriers like Frontier and JetBlue had also objected to the DOT’s tentative slot awards in October.
These airlines had specific destinations in mind for service originating from Reagan National. Spirit aimed to operate a daily nonstop service to San Jose, California.
Frontier sought to establish a new route to San Juan, Puerto Rico. JetBlue was interested in operating a second daily flight to San Juan.
A Frontier A320-series aircraft (Photo: Shutterstock | Andrew Mauro)
American’s new daily flights from Washington to San Antonio started last Sunday. Delta plans to begin its service from Reagan National to Seattle on Sunday.
Meanwhile, United launched a second daily flight to San Francisco on Feb. 13, around the same time as Southwest’s new route linking Washington and Las Vegas.
Alaska’s new daily San Diego to Washington service is slated to begin on March 17.
The U.S. Court of Appeals for the District of Columbia Circuit will hear Spirit’s case following the filing on March 3. A ruling could potentially compel the DOT to reconsider the allocation of the contested slot exemptions.
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