The FAA is being challenged on a recent flight restriction that banned drone flights over all government buildings and mobile assets. The lawsuit is being managed by The Reporters Committee for Freedom of the Press and is challenging it on both First Amendment and Administrative Procedure Act violations.
Rob Levine, a drone operator and photojournalist from Minnesota, is fighting NOTAM FDC 6/4375, a TFR meant to restrict drone flights over all Department of Defense, Department of Energy, and Department of Homeland Security facilities and ground assets, including all vehicles and boats. The TFR went into effect last January and has caused concern over its broad use anywhere in the country at any time.
The locations of these TFRs are not shared ahead of time and do not show up in the FAA’s TFR database, meaning apps like B4UFLY and AirControl.
The TFR bans drone flights within 3,000 lateral feet and 1,000 vertical feet of DOD, DOE, and DHS assets. Violating this TFR could result in criminal charges and seizure of your drone.
The lawsuit was filed on Monday, March 16, in the United States Court of Appeals for the District of Columbia against the FAA. Levine is being represented by The Reporters Committee for Freedom of the Press, an organization that provides legal services to reporters in challenges against freedom of speech violations.
What is being challenged?
The fight focuses on two things: First Amendment rights, with the TFR primarily blocking reporters from capturing photos and videos of protests against DHS, and violations of the Administrative Procedure Act, with the law being too vague.
While flight restrictions over stationary facilities, like field offices and prisons, can be seen as somewhat reasonable (you know where those are and they aren’t moving), the real concern is with the mobile assets. Since sharing these locations would also share the live locations of law enforcement, there is no way of knowing when you fly your drone if you are violating the law.
The flight restrictions are also obviously targeting areas that will see protests against DHS actions toward immigrants. Something regularly covered by local and national news agencies, restricting drone flights restricts their ability to inform the public.
“Drones have helped photojournalists capture powerful perspectives that a reporter on the ground can’t,” Levine said in a statement. “But these restrictions force drone pilots to choose between not gathering the news and risking criminal charges, massive fines, or a career-ending revocation of their right to fly. That’s unacceptable.”
With the lawsuit in its early stages, I wouldn’t expect action to be taken for some time yet.
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