Firm Loses Airport-Fee Dispute / Judge Dismisses Park ‘N Go Lawsuit to Block RIC From Raising Its Access Charges

By CHIP JONES

A federal judge yesterday reaffirmed Richmond International Airport’s broad powers to set fees for private companies that do business there.

U.S. District Judge Richard L. Williams dismissed a lawsuit seeking to block higher access fees the airport charges private parking and rental car companies that operate off its grounds.

His ruling ended for now a dispute with Park ‘N Go of Virginia LLC – the only off-site parking provider serving the airport – and also appeared to bolster the Capital Region Airport Commission’s authority to set operating charges for private ventures.

When it created the regional authority in 1975, the General Assembly empowered the airport to determine rates, fees and charges, Williams said.

Given this clout, Williams said, the airport can claim “immunity from Park ‘N Go’s claims.”

In August, the commission doubled Park ‘N Go’s fee.

Paul Evelius, the attorney representing Florida-based Park ‘N Go, argued that the airport “uses fees to basically annihilate businesses.”

Acknowledging the airport commission’s legal authority, Evelius said it has gone too far this time.

“We’re not complaining they charged a fee,” he said. “It’s that we’re being charged a fee for anti-competitive reasons.”

Williams supported the airport commission’s contention that a federal judge dismissed a similar case in 1989, rebuffing a private developer’s efforts to provide off-site parking.

The airport commission’s action means Park ‘N Go must pay about 8 percent of its annual sales.

In response, the company’s owner said he may have to charge customers more than the base parking price of $6.99 a day.

Park ‘N Go – which offers custom shuttle service from parked cars to the terminal – has become popular among business travelers since opening in 2001. It has 750 parking spaces, compared with the airport’s 7,500 spots.

Park ‘N Go could appeal Williams’ ruling, but that didn’t appear likely. Instead, the company is seeking legislative relief.

Sen. John Watkins, R-Powhatan, already has introduced a bill requiring governing bodies to base fees on a “per-trip basis” – that is, on the number of times a parking shuttle stops at a terminal rather than on annual revenue. A similar bill has been submitted in the House of Delegates by Del. S. Chris Jones, R-Suffolk.

“I think it’s wrong-headed that they allow airports to reach off their property and be able to charge a gross receipts tax, and that’s what they’re trying to do,” Watkins said.

He called this “skimming the cream” off Park ‘N Go. The airport is in sound financial shape, he said, so there’s no need for extra revenue.

The Powhatan senator said yesterday that he was contacted by Park ‘N Go representatives and agreed to sponsor a bill on their behalf.

Watkins noted a similar case in the mid-1990s, when an earlier off-site valet parking firm – Aeropark – had a legal dispute with the airport.

Watkins said he introduced a similar bill that helped spur a settlement.

Will this latest parking spat end the same way?

“I really don’t know,” Watkins said.

Contact staff writer Chip Jones at cjones@timesdispatch.com or (804) 649-6726.

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