Prohibition Includes Public Beaches, Parks And Golf Courses ... But May Be Unconstitutional

The town of Hempstead, NY on Long Island has voted 5-0 to prohibit the operation of unmanned aircraft over town-owned property, including public beaches, parks and golf courses.

The arguments have become all too familiar. Town officials said that the ban was necessary to protect the privacy of people using those areas. UAV owners, civil liberties attorneys, and some residents argued against the ban, saying it infringes on their right to fly their aircraft in public spaces. They also argued that the FAA controls airspace and the town does not have the right to put such a ban in place.

Anyone flying a UAV over town properties are subject to a $500 fine or up to 15 days in jail for the first offense. The penalties increase to $1,500 for a third offense. Newsday reports that the town board said that the law is in line with FAA guidelines concerning hobby UAVs.

The town officials used the tested anti-drone arguments that people needed to be protected from someone "spying" on them on beaches or in changing rooms.

Hempstead Supervisor Anthony Santino issued a statement saying that the town board was "concerned" that the aircraft could be a danger if they accidentally hit people, cars or animals.

“Neighbors come to town beaches, pools, parks and preserves to enjoy peace, tranquility and privacy,” Santino said in the statement. “Our residents deserve to enjoy a safe setting at town facilities free of the noise and nuisance associated with drones.”

Perhaps ironically, the town owns two UAVs it uses to monitor piping plover habitats on the beach, and also to shoot promotional videos for the area.

But possibly more insidious is the "Presumption" paragraph in the ordinance. Writing on the Facebook page UAV Legal News & Discussion, Anthony Anzalone, user Anthony Anzalone points out that the clause violates a basic Constitutional concept of innocence until guilt is proven.

The paragraph reads "The possession by any person of a UAS while on or in the vicinity of any Town of Hempstead facility creates the presumption that such UAS has been used in violation of the chapter subjecting the possessor of such UAS to all penalties provided for herein."

So just having a UAV near a town beach can get you fined or thrown in jail.

(Image from file)

FMI: https://toh.li