Privately owned hotels are not public spaces. Yes, the airspace above them may be.
Some of the people waving does not mean that all present consent to being photographed.
I'm not interested in a legal debate, but the activity described by the OP is clearly illegal in some jurisdictions. Texas is an example.
Gov. Code Section 423.002(a): Clarifies the legality of using drones to capture images by certain professionals (such as photographers), with the
requirement that individuals are not identifiable in images unless they have given express permission.
The activity described by the OP may well be legal in some or many places. But legal or not, it is one of the causes of the negative perception of drones on the part of many people. Bottom line: most folks would find it "creepy."
If you read the link I provided, you will discover that private ownership does not prevent the space from being considered public for legal purposes. If it is
open to the public, it is considered public. A hotel pool is certainly open to members of the public and a tourist attraction.
Consent is not necessary for photographing people in public spaces, by
anyone.
Since we
aren't engaging in a legal debate, your conclusion that the activity is "clearly illegal" in some jurisdictions, with TX as the example, is clearly flawed on its face. You have incorrectly characterized the OP hobbyist as a professional, as though all photographers are professionals, and are now conflating a hobbyist taking photos for his own enjoyment with professionals
publishing images. Section 423.002(a) does not prohibit the
taking of such photographs. It merely prohibits the
publishing of such images with identifiable people that haven’t given consent. As long as the faces are blurred in any
published images taken by "certain professionals," nothing illegal has occurred. I also strongly suspect that this does not apply to any
public figures, as it would require the arrest of every paparazzi!
Again, my only point is that it
is a legal activity. Creepiness is subjective, and even if most people agree with you, it still doesn't make it illegal. Drones already had a very negative perception even
before they had cameras, from their military use to kill people. Calling them quadcopters instead never really caught on. That ship has already sailed. Using a drone to photograph waving women in public in their bathing suits isn't going to make it any worse, as much as you don't like it.