Dogs can continue flying out of Westchester County Airport

UPDATE: Westchester County and Bark Air agreed to dismiss this dispute on June 10. Bark stipulated that it has not sold more than nine seats to human passengers on flights departing from or arriving at the county airport. So long as the airline adheres to that practice, the county stipulated, Bark Air is not in violation of the airport policies.

Listen up doggies! From now on, when you book flights out of Westchester County Airport you must check in at the main passenger terminal.

That’s the mandate that the county is trying to enforce ever since May 23 when Bark Air began using private facilities at the airport for canine charter flights to and from London and Los Angeles.

On May 30, the county sued Bark Inc. and its partner, Talon Air, in U.S. District Court, White Plains, to enforce airport policies.

Since 2005, air service where tickets are sold to the public for aircraft with more than nine passenger seats must use the public terminal. Corporate jets, charter services and private planes use private terminals.

Air charter companies have sued Westchester County claiming that federal laws preempt the county’s terminal policy. The county counter-sued, and the federal court has not yet ruled on the case.

Bark Inc. is a publicly-traded company based in Manhattan that sells treats and toys and monthly meal plans for dogs.

On April 12 the company announced Bark Air service. The press release says it is partnering with Talon Air, a charter service that uses Gulfstream G550 jets (designed for 14 passengers), flying under the Bark Air banner.

Flights between Westchester and Van Nuys Airport in Los Angeles costs $6,000. The London flights to and from Standsted Airport costs $8,000. Each one-way ticket pays for one dog and one human, and the number of passengers are limited to ten.

The canine menu includes doughnuts and meaty snacks. The flight crew includes someone trained in veterinary care and dog behavior.

No one from Bark Air or Talon Air had alerted the county to the canine charter service, according to the complaint. The county learned of the proposed service from a news article.

Westchester notified Bark that it must use the public passenger terminal if the aircraft have more than nine passenger seats. Bark verified on May 17 that the aircraft had  more than nine passenger seats.

The inaugural flight departed on May 23.

The county is asking the court to declare that federal laws do not preempt airport policies and to stop Bark Air and Talon from violating the policies.

Bark spokesperson Jeanne Montone said the company does not comment on litigation, “but we don’t believe this will impact our operations.”