Bark Air at Westchester County Airport in peril again after federal court ruling

The saga of Bark Air's service at the Westchester County Airport has taken yet another twist, once more imperiling the dog-first airline's future in Westchester.

On Monday, a federal judge in a separate case upheld Westchester County's airport-use restrictions against chartered airlines, ruling that the restrictions did not conflict with federal law.

County law prohibits commercial and chartered aircraft with more than nine seats from using the private jet terminal, which is generally where chartered airlines like Bark Air operate from.

Westchester had previously sought to kick Bark Air , which is a public charter service, out of the private jet terminal on the grounds that its aircraft contain more than nine seats. However, Westchester agreed to temporarily suspend enforcement of the restrictions until this separate, federal case was resolved, which happened with Monday's ruling.

Technically, Westchester's interim agreement with Bark Air is still in force because the ruling could be appealed. But unless it is overturned by a higher court, that decision could automatically void the interim agreement, permitting Westchester to, once more, try to eject Bark Air from the private jet terminal.

Such a move could spell doom for Bark Air, as the only other option at Westchester would be the four-gate passenger terminal, where the commercial airlines operate from. Space at the passenger terminal is severely limited, given the county's imposition of a passenger cap and voluntary night-time flight restrictions. The process for allocating space at the passenger terminal is competitive, and there is not always room for additional airlines at peak travel times.

In response to a request for comment, the Westchester County attorney, John Nonna, declined to say whether the county would resume enforcement action against Bark Air if the federal ruling holds.

A spokesperson for Bark Air did not return a request for comment.

Asher Stockler is a reporter for The Journal News and the USA Today Network New York. You can send him an email at astockler@lohud.com . Reach him securely: asher.stockler@protonmail.com .

This article originally appeared on Rockland/Westchester Journal News: Bark Air at Westchester County Airport in peril again after federal court ruling