It now appears that a federal judge has ruled that the officials in New Mexico can keep US Airways from serving alcohol on its New Mexico flights. This ruling came about after a passenger caused a drunk driving crash that killed five people.

US Airways went on to sue the state in 2007 after the New Mexico Regulation and License Department denied the carrier its application for a liquor license. However, the judges ruling now means that US Airways cannot serve alcohol on flights while the aircraft is over New Mexico, or while grounded in the state at all.

The department’s superintendent, Kelly O’Donnell, said that she was very gratified and satisfied with this ruling. She went on to say that it was a big victory for public safety in New Mexico. She also noted that it was a big victory for any other states that want to ensure that liquor laws are upheld by everybody who is selling liquor within the state’s borders.

US Airways went on to argue that New Mexico has no authority to regulate on board alcohol service. However, the judge apparently went on to say that neither the Airline Deregulation Act nor the Federal Aviation Act can preempt sate liquor control laws.

A spokesperson for US Airways said that the airline was currently reviewing the ruling and had no immediate comment to give right now. However, it sounds as if US Airways is not going to let this go without a fight. More information should become available on this ruling after US Airways agrees to comment.