Again and for the last time, only the FAA can regulate something that is in the air despite any number of local laws that may suggest a city or state can do so. However, one can still be charged under local laws that overreach their authority and have to be challenged to be overturned.
And the FAA creates regulations based on the guidance of laws passed by Congress. Please see the FAA Modernization Act of 2012 and the AIRR bill currently in Congress.
Speculation is fine but please refrain from doing so excessively.
The link I posted indicates his attorney is going to challenge the law. Good news!