Department of Transportation Sues Southwest Airlines Over Chronically Delayed Flights, Fines Frontier $650K

The Department of Transportation (DOT) filed a lawsuit against Southwest Airlines on Wednesday, accusing the airline of operating chronically delayed flights. The lawsuit alleges that flights from Chicago Midway International Airport to Oakland, California, and from Baltimore to Cleveland were delayed nearly 200 times between April and August 2022. The DOT claims that these flights were chronically delayed for five consecutive months, with Southwest responsible for more than 90% of the disruptions.

Under the DOT’s definition, a flight is considered chronically delayed if it operates at least 10 times a month and arrives more than 30 minutes late over half of those instances. This includes cancellations and diversions. The DOT’s lawsuit, filed in U.S. District Court in Oakland, California, emphasizes that when an airline is aware of consistent delays, it is essential for them to adjust their schedules. The DOT states that Southwest failed to make necessary adjustments, instead continuing to market flights with unrealistic schedules, ultimately causing significant harm to passengers.

In response, Southwest expressed disappointment, stating that the flights in question occurred more than two years ago. The airline pointed out that since the DOT established its chronically delayed flight policy in 2009, Southwest has operated over 20 million flights without any violations. The airline argued that claims regarding unrealistic schedules for these two flights are not credible, given their performance over the past 15 years.

In addition to the lawsuit against Southwest, the DOT fined budget carrier Frontier Airlines $650,000 for operating chronically delayed flights. However, half of the fine, $325,000, will be suspended if Frontier avoids operating repeatedly delayed flights over the next three years. Frontier Airlines has not responded to the fine.