SAN ANTONIO – Southwest Airlines presented new evidence it says shows the city pulled a “bait and switch” while negotiating gate assignments in a new $1.2 billion terminal in the San Antonio International Airport.
San Antonio’s largest airline filed an amended complaint in federal court on Feb. 27 against the city and San Antonio Director of Airports Jesus Saenz. This new court filing updates claims and evidence from the company’s initial lawsuit, filed in September.
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The DFW-based airline claims it received multiple verbal commitments from Saenz that Southwest would get space in the new Terminal C, which is still being built. Despite those commitments, an airline use and lease agreement (AULA) passed by City Council in September would put Southwest’s 10 gates in the older and smaller Terminal A, the suit claims.
Southwest had refused to sign the lease agreement and asked the federal judge to block the lease from going into effect.
The judge stopped short of blocking it, but Southwest is now asking for a judge to remove sections of the lease agreement or rule that it is unenforceable. In addition, Southwest is seeking compensation for damages and “false promises.”
The new court filing from Southwest presents city documents they say reveal that the city and Saenz made “numerous misrepresentations” to the court.
It also claims those documents “misled City Council and taxpayers” about the process of how they planned to assign gates in the new terminal.
The City Attorney’s Office told KSAT in a statement that the new filing “recasts Southwest’s previous allegations but adds distortions and misrepresentations” and is “without merit.”
“The City’s processes in negotiating an Airline Use and Lease Agreement with all of the airlines and in assigning gates were legal and appropriate. We look forward to the Court hearing on these matters where we will address Southwest’s allegations. We will continue to move forward to expand the airport in a way that makes sense for our customers and our airlines,” the statement read.
Meanwhile, Southwest claims the new documents “confirm that (the city) gave preference to airlines that catered to business travelers” with “first-class service and club lounges in violation of federal law.”
“The evidence also shows Defendants misled SWA, taxpayers, and the City Council to the detriment of our Customers, Employees, and the Community. We remain willing to work with the City to find a reasonable solution,” wrote Chris Perry, Southwest spokesperson, in a written statement to KSAT.
KSAT’s previous coverage on the lawsuit:
