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By Lookout Staff

May 16 -- Larger, faster jets banned under a recent City ordinance can continue to use Santa Monica Airport until an Appeals Court rules on the merits of the law, a Federal Court ruled on Thursday.

In a ten-page ruling, U.S. District Judge George H. Wu ordered the City to comply with the Interim Order issued by the FAA barring the City from enforcing the ordinance, but declined to rule on the merits of the order.

Instead, the City must seek a ruling from the Court of Appeals, the judge said.

“This court is in no position, either under the law or by invitation, to forecast the merits of the Interim Order and its terms,” Judge Wu wrote.

The City is obligated to continue to “cease and desist from enforcing the ordinance until a final agency decision is issued” and must notify all airport users that the ban is not in effect, Wu said.

City Attorney Marsha Moutrie said the City plans to appeal the court’s decision to the 9th District Court of Appeals.

The City, which proposed adding safety areas that met FAA standards to safeguard against jets overrunning the runway, argues that it is critical to protect the safety of residents who live just hundreds of feet from the 62-year-old municipal airport, as well as pilots.

“Having identified the safety risk, I think it’s incumbent upon the City to take the steps possible to make the City safe,” Moutries said.

The City Attorney added that Thursday’s order leaves the City open to litigation should an accident occur.

Wu did not comment on the merits of the City’s argument, although at a previous hearing, he noted that the jets banned under the ordinance, which use professional pilots, are generally considered safer than the smaller planes.

“The Airport’s operations undoubtedly affect the relative safety of those living within close proximity of it, and the residents’ umbrage should not be surprising,” Wu wrote in Thursday’s ruling.

“However, even assuming that this Court may determine whether the Interim Order was, at least on its face, issued in conformity with the FAA’s own procedures and powers, the City has not persuasively demonstrated any flaws in that respect.”

The FAA went to court last month after airport officials notified pilots that the ordinance -- which bans jets with approach speeds of between 139 and 191 mph -- would go into effect as scheduled on April 24.

The FAA argues that the City lacks the authority to ban jets under the 1984 settlement agreement between both parties. The Federal Agency argues that the law approved by the council last month is unnecessary and would harm jet operators.