Petition Update: Federal Judge Denies Flight Schools’ Request to Block Mesa Landing Fees

From Protect Mesa Neighborhoods from Flight School Lead Exposure and Excessive Noise Change.Org Petition: 

We have an important update regarding the lawsuit challenging the City of Mesa’s new landing fee program at Falcon Field.

On June 23, 2026, the federal judge denied the flight schools’ request for a preliminary injunction, meaning the court will not stop the City of Mesa from moving forward with its landing fee program while the lawsuit continues. The judge also denied the plaintiffs’ request for expedited discovery.

This is an important procedural victory for the City.

It’s also important to understand exactly what the judge decided.

The court did not rule that Mesa’s landing fees are legal or illegal. Instead, the judge focused on whether the flight schools met the high legal standard required to receive emergency relief before the case is fully litigated.

To obtain a preliminary injunction, the plaintiffs had to show four things, including that they were likely to suffer immediate and irreparable harm if the fees went into effect before the lawsuit was resolved.

The judge found they failed to meet that burden.

Throughout the order, the court noted that many of the flight schools’ claims were speculative rather than supported by concrete evidence. They argued that students might enroll elsewhere, instructors might leave, their reputations could be harmed, and they could lose future business.

However, the judge found there was insufficient evidence demonstrating these harms were imminent or could not be addressed later through monetary damages if the plaintiffs ultimately prevail.

One particularly noteworthy part of the decision is that the judge explained that even if the court assumed, solely for purposes of this motion, that the flight schools might ultimately succeed on some of their legal arguments, that alone was not enough. Because they failed to demonstrate irreparable harm, the extraordinary remedy of a preliminary injunction was not warranted.

The judge also denied the plaintiffs’ request for expedited discovery, finding there was no compelling reason to accelerate the normal litigation schedule.

As a result, the lawsuit will now continue through the standard litigation process. Both sides will continue presenting evidence, conducting discovery, and making legal arguments before the court eventually reaches a decision on the merits of the case.

In the meantime, the City is free to continue implementing its landing fee program unless another court orders otherwise.

For those of us who have spent years documenting the impacts of repetitive touch-and-go training operations over our neighborhoods, this represents a significant milestone. Residents have attended countless City Council meetings, shared personal stories, collected operational data, spoken with elected officials, and worked together to raise awareness of the extraordinary volume of flight training occurring at Falcon Field.

While this ruling does not end the lawsuit, it is an encouraging development. The court declined to halt Mesa’s efforts before the facts have been fully litigated, allowing the City to move forward while the case proceeds.

As always, we remain committed to sharing factual information and court developments as they occur. We will continue following both the federal lawsuit and the FAA’s separate review process and will keep everyone informed of any significant updates.

Thank you to every resident who has signed the petition, shared their experiences, attended meetings, submitted comments, and continued advocating for a reasonable balance between airport operations and the quality of life in the surrounding neighborhoods. Your continued involvement has helped bring this issue to the forefront, and your support remains greatly appreciated.

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See more about landing fees here, and here. For a basic overview, see our FAQ section.