No Drones in state Park?

Thanks Jeff.. That's basically what some of us have been saying, but without having anything but common sense to back us up.
 
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Time to educate ourselves gentlemen and ladies. Since states and communities have started to issue their own "no fly" legislation I, as a lawyer, believed that such legislation was not enforceable in that it conflicted with the FAA's responsibility to regulate all airspace and was therefore preempted by FAA. I held my tongue until I could do additional research.
I recently found this article which sums things up. So understand that if you are willing to take violations of state "no fly" zones to court, the federal courts will likely agree that the state law is unenforceable. Yes you will need a lawyer.
By the way, state nuisance, privacy and endangerment laws can still likely be used against you without preemption helping your cause although a good lawyer may even be able to twist that around into arguing that the state cannot apply its normal tort laws in an FAA controlled area of law. (If you are interested in this I can tell you about how it works in the area of the railroads.)

Here is the article and it is a **** well written one.

http://www.americanbar.org/content/...L_V26N3_WINTER13_Silversmith.authcheckdam.pdf
Thanks Jeff for a real attorney's perspective.
That is the point I've been trying to make - anyone can follow the (bad) advice to fly over a NP or a State Park, but that does not prevent rangers from fining you for endangering visitors, wildlife, etc., etc., and to prove yourself "right" through the courts could be "costly" unless you can find an attorney to represent you for free. Hours away from work for court, etc., all add up. And when I see many members here complaining about having to pay $150 for a battery, they need to be reminded that some of their flying choices could be far more costly if they decide to prove they had the right to fly where they did.
I've repeatedly asked "What did it cost Pirker to prove he was right" on various threads where people have been advised to disregard the laws and/or rules. Everyone thinks I am talking about the minimal fine, it is the attorny's fees I am refering to, they are not cheap.
 
What it all boils down to is that a "law" that is unlawful is NOT a law! The endangerment BS is gravy.. as long a person isn't an idiot and buzzing around people. Proving you actually endangered someone or something is next to impossible unless you actually did.
 
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I can see why attorney is the American dream job!
 
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Keep laying down for the State and lick your chains. May they rest heavy upon you. As usual, there are only about 20% freedom-lovers in the populace. Those willing to challenge the .gov and benefit the rest of those who would never even think of doing such a thing. Now, wait for the "radical nut" moniker to be tossed about now.


Sent from my iPhone 6+ using Tapatalk Pro
 
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Hey Snerd - what's your day job? Are you just a virtual anarchist?
 
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Keep laying down for the State and lick your chains. May they rest heavy upon you. As usual, there are only about 20% freedom-lovers in the populace. Those willing to challenge the .gov and benefit the rest of those who would never even think of doing such a thing. Now, wait for the "radical nut" moniker to be tossed about now.


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You can certainly spin a phrase my brother but challenging the government is a right that must be defended. Most effective when using the procedures provided for by that government. You ain't radical yet you are simply a true believer in the democratic Anglo-American legal system.
 
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Hey Snerd - what's your day job? Are you just a virtual anarchist?
Over this side of the pond, dissent is one of the highest forms of patriotism. It founded a country. They have just about schooled it out of the masses, though. Submit, submit, submit. It's sickening.

I finished up my 45-years of hard work, and retired last year. I'm no anarchist, but I don't believe in laying down without a fight. The other poster is right.................. we use the system available to us to challenge our over-reaching governments, whether they be Local, State or Federal. We shouldn't have to "explain" or "justify" any of these actions to our own hobbyists! I guess you either get it or you don't.
 
You can certainly spin a phrase my brother.......
It was a poor attempt at paraphrasing Sam Adams...............................

“If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen.” ― Samuel Adams
 
Here's what one California county has put into its ordinances for its recreation areas, such as beach and lake parks:

Sec. 26-22.1. - Model aircraft.
No person shall land, launch or operate any model aircraft, whether gas-powered or electric or other propulsion, within any county recreation area except in posted designated areas or with prior written permission of the county director of community services or deputy director.

(Ord. No. 4781, § 1, 3-12-2011; Ord. No. 4833, § 1, 4-10-2012)

That's pretty much word for word a rule I was shown last month when getting ready to launch in local metro park.
Difference is I guess the rule has been in the books for many years , long before our quads!

I asked , he showed, I packed it up!
 
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I'll fight 'em every time. yes... I'll pay the $ too. Again, north of Seattle, in the Shoreline area after a soccer game (trash area by the way)... we were 'droning' after a game... ... a 'field official' told us we couldn't do it...nobody around (sign says "no drugs, no alcohol, no fireworks, skateboards, yada, yada)... so an officer comes...(yes.. we said we'd wait for the officer.. and we did, three batteries later) he agrees he has nothing he can do to stop me from flying over the courts and attached neighborhood. didn't sound like he really gave a crap but had to respond.

I suggest everyone here not lay over and curl up so easily.
 
Its good to see there are at least a few of us that aren't willing to sit by and let the mindless that have already bent over for a dose of governmental rape dictate how the strong will thrive! Keep up the good fight brothers!
 
For a country that calls itself the land of the free, there's an awful lot of talk of fighting and breaking chains. Here in the UK us Shirefolk seem to get along with our elected leaders on the whole. Maybe our comparatively liberal regime tries harder to set rules that don't need chains.
 
For a country that calls itself the land of the free, there's an awful lot of talk of fighting and breaking chains. Here in the UK us Shirefolk seem to get along with our elected leaders on the whole. Maybe our comparatively liberal regime tries harder to set rules that don't need chains.

Post 2001, this place went to crap. It's all security theatre now, everyone is a 'hero' for even the simplest gesture and you are a terrorist if you listen to your iPod while decending past 5000 feet. People forgot how to,think for themselves in many cases.... At least simple logic is past them. Yes, take my water you half twit! So you can make more money on us buying more at the gate.
 
................ Here in the UK us Shirefolk seem to get along with our elected leaders on the whole. Maybe our comparatively liberal regime tries harder to set rules that don't need chains.
LOL! You live in a virtual surveillance State! Yours is a very compliant people....................... no chains are needed when the masses willingly comply with their overlords.

"........ One surveillance camera for every 11 people in Britain, says CCTV survey. Britain has a CCTV camera for every 11 people, a security industry report disclosed, as privacy campaigners criticised the growth of the “surveillance state.........."

I cannot even fathom such a state of affairs! Yes, I think you all pretty well know your place in the heirarchy of things and submit to it. Not that we're not heading that way............... we have only 1 party over here now, the Ruling Party. Then there's the rest of us.
 
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The difference is that most people in the UK are reassured and feel secure because of the 11:1 cameras. Big brother is only a problem if you are breaking the law. Anyway, I serve a greater power that knows the secrets of every heart - and that is reassuring for me as well [emoji56]
 
The difference is that most people in the UK are reassured and feel secure because of the 11:1 cameras. Big brother is only a problem if you are breaking the law. Anyway, I serve a greater power that knows the secrets of every heart - and that is reassuring for me as well [emoji56]
If that's the life you want and ejnoy, I wish you nothing but success. Good luck!
 
The sign is right after you enter and pay to "use" the park. The sign is a metal one, not paper.

And this is a State Park, not National.

Obviously parks do not want you flying there taking photos it steals entrance fee business. Use the loophole start from before the sign. If FAA going to use loophole to consider toy rc camera quad an aircraft then so be it. They can't have it both ways, fly over just like a regular plane. loophole for loophole.
 
I guess they don't want things dropping from the sky on their guest. Hmmm. Could it be a clothes optional park then they would want it a NFZ for sure. Na just tighter controls like the rest of the world.
 

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