Suffolk County law proposal - prohibition on use of unmanned craft

[tcope]

Maybe it's different in Utah, but around here you are not allowed to fly motorized model airplanes in the air (between ground and clouds) within the boundaries of most public parks -- plain and simple. If you feel this is illegal, good luck with the fight. Yes, freedom of expression is communication - as in putting the photos on display for public viewing. The First Amendment in no way grants you the freedom to use any method or place you want in how you obtain those photos. That has nothing to do with communication. I appreciate your help, but I think your argument is wrong. The county has the legal right to establish county land use restrictions. If you want to argue that it doesn't include the air above the playground and kiddie pool, nature preserves, etc. I think you are fighting a losing battle. The county legislators are going to act in what they perceive as being in the best interest of the people of their county and, at this point, I bet there are more people who don't want drones flying over their heads in county parks than do. It's just the reality of how things have developed due to the bad press and public perception.

Can you point me to any such law or rule? Reason I ask, I'm betting it states that they can't be launched, landed or controlled from that property... not that they can't be flown over the property.

Reason I mentioned the 1st Amend. is that their initial law specifically states that photos could not be taken. Laws already exist that govern when, where and how photos can be obtained. If they want to duplicate these laws, then have at it. This has been done in other areas (i.e. it's illegal to take photos using a drone into a window of someone else's home... things like that).

I never said that the county or city could not govern their land. I never came even close to saying that they could not. My argument relies _heavily_ on people understanding that there is a difference between regulating the use of land and regulating airspace.

Some people don't think women should vote. There are some people who don't think alcohol should be legal. There are some people that think all guns should be illegal. But we have a system set up that we need to follow in order to make laws. I'm simply saying that they should be followed.

Law makers make illegal laws _all of the time_. The know full well that they are illegal but they have their rich buddy who knows everyone to tell them of a problem so they make a law for or against it. They feel their job to help certain people is more important then doing what is right for the few.

I'm trying really hard not to pass judgment on these two idiots in Suffolk County (well, okay... not "really" hard) but read some of the things they have said. They fear that drones will be used to look through windows at private documents and have said that this law is only a start. They don't even try to hide their agenda, to stop photos from being taken from drones... which _is_ illegal (and why they changed the wording).

Trust me... once we allow a few of these laws to be made, most locations will follow suit. It will then be "illegal" to fly a drone at all.

 

[MapMaker53]

I agree the laws are headed in that direction, and again you can blame the idiots who fly with reckless abandon. And I agree the reasons the county reps have stated against the flying of drones is a bit uneducated -- though at the rate technology advances I'm sure drones will be silent and equipped with zoom lenses before long. Hey, who would have thought you could take hi-res photos with a phone a generation ago? Not defending them, but maybe their imaginations are running a little bit wild. All I'm saying is there is a sign posted at the entrance of many county parks which simply states "NO Alcohol, NO dogs, NO this... NO that, NO Model Airplanes". Define that as you like, but fly a model airplane in the park and you will likely be asked to leave or be fined. Flying OVER the park at >200 ft from outside of the gates probably would not be noticed. Flying 50 ft above little Johnny and his friends in the park from outside the gates would gain attention and an attempt by police to locate you. If one does that here, you may very well win the case in court with your defense -- I'm not a lawyer. But if you want leave that park sign to your own interpretation, you have to be prepared to pay a fine or an attorney to fight it in court.

 

[MikeTess]

You guys can argue this all day long and any way you want....right or wrong...it doesn't matter. This G-**** liberal NY is going to do whatever they want and get away with it!
Perfect example: they took away our AR15 "assault rifles" based solely on their scary black appearance in the middle of the night. That criminal politician from my hometown of Rockville Centre named Dean Skelos sold out legal gun owners and let the bill pass to the floor and Governor Cuomo passed the SafeAct without proper public input at the 11th hour. Do you really think they care about rights or laws here or your right to a hobby? Come on....it's all about appeasing the "soccer moms" and sucking up for the liberal Democratic vote here. Forget it Johnny, it's over. I'm moving out of this liberal **** hole pretty soon!

 

[Michael Olsen]

FYI, Town of Huntington inquiring about quadcopter regulation, but not being -- yet -- dogmatic about it. I'm meeting the councilman on Thursday of next week.
http://www.newsday.com/long-island/...ficials-look-to-regulate-drone-use-1.10521545

 

[bbfpv]

Sigh. Good luck. Look forward to your thoughts after.

 

[liair]

FYI, Town of Huntington inquiring about quadcopter regulation, but not being -- yet -- dogmatic about it. I'm meeting the councilman on Thursday of next week.
http://www.newsday.com/long-island/...ficials-look-to-regulate-drone-use-1.10521545

Hi Michael,
Were you able to meet the councilman this past Thursday? Any information would be much appreciated.

 

[jway_369]

I Do work with the town of Westhampton and I just spoke with the Chief of Police he said he had people asking him what if they were outside tanning naked and a drone came over. He said idk what happens when google earth takes photos. It's the same thing people just want something to complain about. He liked my drone and said they would be very useful

 

[GadgetGuy]

For another view, read this:
http://www.forbes.com/sites/gregory...pass-bill-is-great-except-for-one-fatal-flaw/

Basically, they can't have it both ways!
Navigable air space includes the space necessary to take off and land, too!
If the FAA regulates navigable air space, the property owner can't claim trespass, and no law can give that airspace to the property owner!

 

[liair]

FYI, Town of Huntington inquiring about quadcopter regulation, but not being -- yet -- dogmatic about it. I'm meeting the councilman on Thursday of next week.
http://www.newsday.com/long-island/...ficials-look-to-regulate-drone-use-1.10521545

Any update to what the town is doing?

 

[tcope]

Any update to what the town is doing?

Making SS uniforms for all of their employees.

 

[Michael Olsen]

There is going to be a hearing. The new legislation makes it a misdemeanor to stand on property owned, used, or controlled by the Town to operate a UAS. It is a little extreme, since that prohibit standing in open parking lots, open spaces, sand lots, etc, and even private space that the Town "uses."

But, I don't think they intend to really prohibit the use of UAS, they just want to have a tool when people complain. We are, after all, a complainer state now.

Any update to what the town is doing?

 

[liair]

There is going to be a hearing. The new legislation makes it a misdemeanor to stand on property owned, used, or controlled by the Town to operate a UAS. It is a little extreme, since that prohibit standing in open parking lots, open spaces, sand lots, etc, and even private space that the Town "uses."

But, I don't think they intend to really prohibit the use of UAS, they just want to have a tool when people complain. We are, after all, a complainer state now.

OK, thanks for the info.

 

[tcope]

But, I don't think they intend to really prohibit the use of UAS, they just want to have a tool when people complain. We are, after all, a complainer state now.

I think if you read up on the two people that proposed the "law" you will see that they have a huge agenda against drones with cameras. They even go so far as to state that this is just a start.

What they want is a way to _bully_ people into doing what they want them to do. It was obvious to anyone who read the proposed law that it was illegal. They did not care. They then re-wrote it and left it as an illegal law. I don't think they are this dumb... they just did not expect anyone to call them out on it and thought it would pass without anyone knowing any better.

I'd say this new proposed law is still highly questionable. They would need to show that there was some inherit issue with camera equipped drones. The law is not simply _WAY_ to broad.

Anyone seeing a pattern yet? This will be their _third_ attempt at the same result. They will simply keep writing and writing until people give up and pass this into law. There is no indication that they care one bit about right and wrong and are intent on banning drones from their entire county.

 

[snerd]

I think if you read up on the two people that proposed the "law" you will see that they have a huge agenda against drones with cameras. They even go so far as to state that this is just a start.

What they want is a way to _bully_ people into doing what they want them to do. It was obvious to anyone who read the proposed law that it was illegal. They did not care. They then re-wrote it and left it as an illegal law. I don't think they are this dumb... they just did not expect anyone to call them out on it and thought it would pass without anyone knowing any better.

I'd say this new proposed law is still highly questionable. They would need to show that there was some inherit issue with camera equipped drones. The law is not simply _WAY_ to broad.

Anyone seeing a pattern yet? This will be their _third_ attempt at the same result. They will simply keep writing and writing until people give up and pass this into law. There is no indication that they care one bit about right and wrong and are intent on banning drones from their entire county.

It will take someone willing to stand up to them, if it passes. Any lawyer worth his salt can get these unconstitutional local bans thrown out in court. Most existing bans are too broad and infringe on our First Amendment right. See Austin, TX for an example. Didn't even have to get to the lawyer stage......... just a citizen flyer and a retail seller meeting with the council. Ban dropped.


Sent from my iPad Air 2 using Tapatalk Pro 3

 

[tcope]

It will take someone willing to stand up to them, if it passes. Any lawyer worth his salt can get these unconstitutional local bans thrown out in court. Most existing bans are too broad and infringe on our First Amendment right. See Austin, TX for an example. Didn't even have to get to the lawyer stage......... just a citizen flyer and a retail seller meeting with the council. Ban dropped.


Sent from my iPad Air 2 using Tapatalk Pro 3

Problem is that they will use this "law" to bully most people into not flying. If you want to challenge the law you will need to be arrested or sue the county. Either way you start with a huge expense just to prove your point.

 

[Michael Olsen]

I apologize here. I characterized the Huntington TOWN law that is proposed. The Suffolk county law is mostly unchanged, except now they exempt those with press passes.

I told them the rule -- which requires you to fly HIGHER than 500 feet about a county beach or park -- ran directly in to the FAA guidelines. They said that the AMA - Model Aircraft association -- was working on this with them and this is where they were going into the hearing.

I can't travel around Long Island fixing these things. I assume most people will ignore them.

There is going to be a hearing. The new legislation makes it a misdemeanor to stand on property owned, used, or controlled by the Town to operate a UAS. It is a little extreme, since that prohibit standing in open parking lots, open spaces, sand lots, etc, and even private space that the Town "uses."

But, I don't think they intend to really prohibit the use of UAS, they just want to have a tool when people complain. We are, after all, a complainer state now.

 

[gravity]

I'd be interested to read any updates on this if anyone involved has any word.

 

[Phantom Wally L.I. N.Y.]

I live in Suffolk Co. I wonder how any Suffolk Co. restrictions on flying in county parks would affect flying in say, Robert Moses state park. Or any state facility located in Suffolk County?

 

[tcope]

I live in Suffolk Co. I wonder how any Suffolk Co. restrictions on flying in county parks would affect flying in say, Robert Moses state park. Or any state facility located in Suffolk County?

As far as I know, it's not a law right now. I'd think the parks would be considered "facilities" and as such fall under the law. But again, I would not see this a legal law.

 

[goatman]

**** and I have 2 phantoms..Soon All I will be able to do is fly them up and down in my own backyard.... I live in Suffolk

But what I do is I get up real early and head out to the local beaches here, and the local bluffs and go fly over the water. Im talking 600- 630 AM when there is no one around. I had a town truck pull up to me one morning as he was emptying the trash bins ,he said "I don't care where you fly it I have model planes too" and he carried on with his work...