California Court Upholds Local No-Banner Law | Aero-News Network
Aero-News Network
RSS icon RSS feed
podcast icon MP3 podcast
Subscribe Aero-News e-mail Newsletter Subscribe

Airborne Unlimited -- Recent Daily Episodes

Episode Date

Airborne Unlimited-
Monday

Airborne-Unmanned w/AUVSI-
Tuesday

Airborne Unlimited-
Wednesday

AMA Drone Report-
Thursday

Airborne Unlimited-
Friday

Airborne On ANN

Airborne Unlimited-11-12-18

Airborne Unmanned-11-13-18

Airborne Unlimited-11.07.18

AMA Drone Report-11.08.18

Airborne Unlimited-11.09.18

Airborne-YouTube

Airborne Unlimited-11-12-18

Airborne Unmanned-11-13-18

Airborne Unlimited-11.07.18

AMA Drone Report-11.08.18

Airborne Unlimited-11.09.18

Mon, Jan 14, 2002

California Court Upholds Local No-Banner Law

Honolulu Aerial Ad Ban Flies on Appeal

In October of 1998, US District Judge Helen Gillmor denied the right of SkySign International to challenge a Honolulu (HI) ordinance banning helicopter banner-towing. That denial was upheld last week, by the 9th Circuit Court of Appeals.

In the 1998 ruling, Gillmor said the city had, "an overwhelming aesthetic interest" in the ban, because Hawaii's tourism industry depends so much on the "beauty of the islands."

SkySign, for its part, noted that the airspace wasn't regulated by cities. In the October 1997 suit, SkySign pointed out that the FAA, which, until that time, was in charge of such things, had properly permitted the business to tow banners in US airspace. The Honolulu City Council decided to overrule the FAA, and SkySign was left to defend its right to make a living. That right was denied, after a year, by Judge Helen; her ruling was affirmed by the appeals court.

The ruling was possible because the Court considered SkySign's emphasis to be "advertising," rather than "flying," a precedent that could open a huge can of worms, and will, we predict, eviscerate the FAA's authority over the airspace. The Court acknowledged that SkySign was somehow connected to flying, it ruled, "...however, advertising is an area traditionally subject to regulation under the states' police power, and we therefore presume that federal law does not displace Honolulu's regulatory authority over advertising absent a clear statement of the federal intent to do so." [By that reasoning, we suppose the cities could  authorize anyone's flying over a populated area, if the city were the one which was advertising. Since the pilot wouldn't be involved in "aviation," but rather in "advertising," why should the FAA have anything to say about it? --ed]

The City Council said it had been responding to citizens' complaints about the 8' x36' electric-lighted sign that SkySign typically displayed off Oahu's beaches.

FMI: http://www.co.honolulu.hi.us/mayor/goals.htm, www.faa.gov 

Advertisement

More News

Airborne 11.09.18: Global 7500 Cert, 737 MAX Emergency AD, V1 'Flying Bomb'

Also: Trig European Office, Sonoma Jet Center, Sikorsky Award, Airbus A330-800 Flies The FAA has certified the Bombardier Global 7500. It will enter into-service later this year. E>[...]

ANN's Daily Aero-Linx (11.11.18)

Aero Linx: Wings of Hope Wings of Hope is a global humanitarian charity that has been helping the world’s poor since 1962. As our name suggests, we use our wings to deliver r>[...]

Aero-News: Quote of the Day (11.11.18)

"Enough is enough. Air Wisconsin Flight Attendants are ready to do whatever it takes to get a new contract. We have made every sacrifice to ensure the stability of the airline whil>[...]

ANN's Daily Aero-Term (11.11.18): Hold-Short Point

Hold-Short Point A point on the runway beyond which a landing aircraft with a LAHSO clearance is not authorized to proceed. This point may be located prior to an intersecting runwa>[...]

Aero-Help Wanted: ANN REALLY Needs A Sales Pro

ANN/Airborne/Aero-TV Marketing Department Needs Part or Full Time Personnel E-I-C Note: For some reason, finding really motivated/honest/professional sales help has been a tough gi>[...]

blog comments powered by Disqus



Advertisement

Advertisement

Podcasts

Advertisement

© 2007 - 2018 Web Development & Design by Pauli Systems, LC