MEMORANDUM OPINION AND ORDER Delux Public Charter, LLC d/b/a JSX Air (“Delux”), JetSuiteX, Inc. (“JetSuiteX”), XO Global, LLC (“XO Global”), and Blade Urban Air Mobility, Inc. (“Blade,” and collectively, “Plaintiffs”) are federally authorized direct and/or indirect air carriers that provide flight services at the Westchester County Airport (“HPN”). Plaintiffs commenced this action against the County of Westchester (“Defendant”) on March 7, 2022. (Doc. 1, “Compl.”).1 Plaintiffs assert claims of federal preemption and deprivation of equal protection, seeking relief in the form of money damages, declaratory judgment, and an injunction. (See id.). Before the Court is Plaintiffs’ motion for a preliminary injunction which seeks to prevent Defendant from enforcing certain laws and policies against Plaintiffs in connection with their operations at HPN. (Doc. 35; Docs. 14-19). Separately pending before the Court is Defendant’s request that the Court abstain from exercising jurisdiction in this case in favor of an action presently pending in Supreme Court of the State of New York, County of Westchester, under Index. No. 57179/2022 (the “State Court Action”). (Docs. 52-53). The Court addresses both applications herein. For the reasons set forth below, both the motion for a preliminary injunction and the request to abstain in favor of the State Court Action are DENIED. BACKGROUND Plaintiffs are federally authorized direct air carriers that fly customers for compensation or hire under the Federal Aviation Administration’s (“FAA”) operating rules contained in 14 C.F.R. Part 135 (“Part 135″) and/or indirect air carriers authorized by the Department of Transportation (“DOT”) who partner with Part 135 direct air carriers to market commercial air carrier services under 14 C.F.R. Part 380 (“Part 380″). (Doc. 16, “Drabinsky Decl.”
3-4; Doc. 17, “Lozier Decl.” 3; Doc. 18, “Botimer Decl.” 3). Delux, for example, is a Part 135 carrier. JetSuiteX, an indirect air carrier, negotiates departure times and departure and arrival locations with Delux. JetSuiteX sells tickets to the public, charters a Delux flight, and then Delux operates the flight using the time, location, and destination designated by JetSuiteX. (Drabinsky Decl. 4.). Like JetSuiteX, XO Global and Blade partner with Part 135 carriers, including Corporate Flight Management, Inc. d/b/a Contour Aviation (“Contour”), to sell individual seats to the public for flights operated by such Part 135 direct air carriers. (Lozier Decl. 3; Botimer Decl. 3); 14 C.F.R. §380.3. Plaintiffs’ operations are structured differently than the large airlines that operate out of the main passenger terminal at HPN (“Terminal”). The Terminal’s boarding area is a Security Identification Display Area (“SIDA”) space, which requires customers to pass through the standard Transportation Security Administration (“TSA”) checkpoints found at most large airports. (Compl.
