A lawsuit filed by Amtrak demands that Washington, D.C’s Union Station take down advertising by Delta Air Lines.
The lawsuit contends that Delta competes with Amtrak.
It cites Amtrak’s sublease at the station that says advertising by competing transportation services is not allowed without consent, according to the suit filed May 25 against Union Station Investco LLC in U.S. district court in Washington D.C.
“Delta is a competitor of Amtrak’s for the business of travelers nationwide, and particularly in the Northeast corridor,” according to Amtrak’s legal filing. “The D.C. /New York market is Amtrak’s largest and most important market anchoring the frequently traveled Northeast Corridor.... Winning Amtrak customers’ business is undoubtedly Delta’s goal,” it said.
Delta flies out of Washington, D.C. "to numerous locations also served by Amtrak, and particularly major metropolitan areas along the Northeast Corridor of the United States, including New York City and Boston," according to Amtrak's complaint.
The lawsuit seeking an injunction came after an Amtrak executive and attorney wrote letters on May 5 and May 16 demanding the removal of the Delta ads, and an attorney for Union Station responded with a letter refusing Amtrak's demand.
Amtrak in a written statement said it “competes with airlines, buses and other modes of transportation. Under our longstanding lease at Washington Union Station, the Landlord is prohibited from displaying competitive advertisements. We intend to protect our interests.”
Union Station in a filing with the court challenged the request for an injunction, arguing that the ads are not “causing Amtrak irreparable harm,” and said the ads are due to be removed anyway on June 3.
Previously, Amtrak had challenged US Airways advertising promoting hourly shuttle flights between Washington, D.C. and New York or Boston.
But Union Station argues that the current ads are “generic promotions of Delta, not promotions of any Delta services competing with those that Amtrak offers,” with no specific destinations or prices.
Union Station said in the filing that Amtrak’s argument that advertising is prohibited by services that compete for business from the traveling public “would lead to the absurd prohibition on advertisements for almost any kind of transportation service, including rental cars, personal automobiles, taxi and ride-share services, or even potentially bicycles.”
Delta declined to comment on the lawsuit.
Amtrak had previously said it would allow advertising for intracity buses, but raised issues with ads for intercity buses.
It argued that an injunction is in the public interest. “Because the United States has a financial interest in Amtrak, the public has a vested interest in its success,” according to Amtrak’s filing.
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