Tue, Nov 29, 2005
Pro-Life Group Cites First Amendment Rights
A 9th Circuit Federal
Appeals Court panel is considering a case over a 2002 city ban on
aerial banner advertising, after an anti-abortion group questioned
the legitimacy of such a ban under the group's First Amendment
rights. At issue is the right of the state to grant counties the
authority to govern what is displayed within their airspace.
Robert Muise, attorney for the California-based Center for
Bio-Ethical Reform, says the ban violates federal law and infringes
on the group's First Amendment right of free expression. The group
is asking to be allowed to fly aerial banners depicting aborted
human fetuses above Honolulu beaches.
Current regulations give Hawaiian counties the authority to ban
displays in airspace or waters beyond county boundaries if they are
visible from any public place. A federal judge upheld the city's
ban last November, and Governor Linda Lingle bolstered the bill
further in July by signing the bill in question, giving counties
the authority to ban displays in airspace, or waters beyond county
boundaries, if they are visible from any public place.
Federal law allows such advertising, although up until 2002 the
FAA also stated as a provision that planes flying lower than 1,000
feet AGL must "understand and obey local and state ordinances that
may prohibit or restrict banner tow operations" -- a provision that
was cited in the original ruling.
After the ruling was made, the FAA removed the provision -- as
the agency "wanted to make it perfectly clear that the FAA still
retained sole authority over airspace," according to an FAA
spokesman.
According to Muise, the group has flown such banners above 19
states, and Honolulu is the only city that prohibits the
activities. Muise maintains that the way the law is currently
written -- with the original provision struck -- the federal
government has final say over what can be displayed.
City officials have stated if the ban is overruled in the
courts, they will seek federal legislation to keep the skies over
Honolulu free of "offensive" images.
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