The Transportation Department sues Southwest Airlines for alleged oft-delayed flights

By Ayana Archie

Published January 16, 2025 at 5:00 AM EST

A Southwest Airlines plane takes off as another Southwest jet taxis in Burbank, Calif. Southwest Airlines has announced it will discontinue its 50-year policy of open seating, instead opting for assigned seating that will include premium seating in an effort to broaden its appeal.

The Department of Transportation is suing Southwest Airlines, claiming the company illegally delayed certain routes for months.

The agency said Wednesday that from April to August 2022, Southwest had 180 flight disruptions on its routes between Chicago and Oakland, Calif., and Baltimore and Cleveland, making the flights "chronically delayed."

The DOT defines a "chronically delayed" flight as one that is "flown at least 10 times a month and arrives more than 30 minutes late more than 50 percent of the time."

Disruptions also include cancellations and detours.

Southwest Airlines was not initially available for comment, but told The Associated Press, "Since DOT issued its Chronically Delayed Flight (CDF) policy in 2009, Southwest has operated more than 20 million flights with no other CDF violations." The company added: "Any claim that these two flights represent an unrealistic schedule is simply not credible when compared with our performance over the past 15 years. In 2024, Southwest led the industry by completing more than 99% of its flights without cancellation."

Airlines that advertise their flights at a certain time but chronically delay them deceive customers and impede on fair competition, the DOT says.

The agency said it gives airlines time to fix chronically delayed routes, but Southwest did not take advantage of the grace period. It is seeking "maximum civil penalties" against Southwest.

Additionally, the DOT said Wednesday that it fined Frontier Airlines $650,000 in civil penalties for operating three chronically delayed flights between St. Thomas and Orlando, Fla.; Atlanta and Phoenix; and Houston and Orlando. It has to pay half to the U.S. Department of Treasury, but the other half can be waived if the airline doesn't operate any chronically delayed flights for the next three years.

"Airlines have a legal obligation to ensure that their flight schedules provide travelers with realistic departure and arrival times," DOT Secretary Pete Buttigieg said. "Today's action sends a message to all airlines that the Department is prepared to go to court in order to enforce passenger protections."