Had Flown His Aircraft Over A VA Hospital In Louisiana

A man has been accused of "unlawful photography" for capturing images of a Veterans Administration hospital in Louisiana using a UAV.

Jay Cougar was on assignment for a local newspaper on the day in question, and he wanted images of the solar panels of the roof of the building, according to the website Photography is Not A Crime. He launched his aircraft from the sidewalk and walked through the parking lot getting images, he told the site.

But when he landed the aircraft, he was approached by VA police who told him he was flying the aircraft in "restrictive airspace."

Cougar is a local photographer. He said he did his best to cooperate with the authorities, following them into the building and showing them the images he had captured of the solar panels. They confiscated his memory card, and did not charge him with improperly flying his aircraft. Instead, they levied 8 counts of "unauthorized photography," each of which carries a $50 fine.

National Press Photographers Association General Counsel Mickey Osetrreicher said the VA police had no right to confiscate the memory card, and that they are misapplying the federal code for unauthorized photography. The law expressly allows "photographs for news purposes." The local paper The Inquisitor confirmed that he was working for the paper that day.

Cougar has reportedly not hired a lawyer, which would cost more than the $400 he faces in penalties.

Osterreicher does say that Cougar's use of the UAV for the newspaper would likely not be allowed under the FAA's recent memo regarding Media Use of UAVs, but that is not the issue here, he said. And "if Mr. Cougar was violating FAA rules (for the first time) he would have most probably only received a cease and desist letter from the FAA," the attorney said.

(Image from file)

FMI: Unauthorized Photography Statute