Sure, tenancy is special. But so is common carriage: "A common carrier holds itself out to provide service to the general public without discrimination (to meet the needs of the regulator's quasi judicial role of impartiality toward the public's interest) for the "public convenience and necessity". A common carrier must further demonstrate to the regulator that it is "fit, willing, and able" to provide those services for which it is granted authority."

We are not talking about a random piece of property being trespassed upon here. We are talking specifically about a situation where the airline is licensed to take money from the public in exchange for letting people put their "arses" in those seats.