Drone ordinance lawsuit (part 2) updated with video

[MAvic_South_Oz]

View attachment 85197
Look at this pile of misfits.

I hope that's not a violation of local ordinance !! ?

 

[xspwhite]

View attachment 85197
Look at this pile of misfits.

Are those ths guys that took your drone?

 

[GadgetGuy]

Are those ths guys that took your drone?

Those are the drone supporters, from around the state, with their matching ties!

 

[Thomas B]

Those are the drone supporters, from around the state, with their matching ties!

They appear to be piloting the drone that took their photo.

 

[GadgetGuy]

They appear to be piloting the drone that took their photo.

Indeed!

 

[Lapeer20m]

A small victory today:

“Genesee County is enjoined from enforcing any ordinance involving the operation and/or the use of drones in The Mounds Off Road Vehicle Area....Thursday November 28, 2019 from 9:00 a.m. to 1:00 p.m....”

 

[dirkclod]

So you just can’t fly there between 9 and 1.
Did I get that right.

 

[BD0G]

I think it means you CAN fly in the area free of reproach from law enforcement during the hours of 9a.m. - 1p.m on the 28th of November. So thats a Thanksgiving offering?

I guess it is one small step towards stopping all enforcement in the area by local authorities. @Lapeer20m So please that you are pursuing this. I remember when the incident happened and it seems so long ago. I was a supporter then and continue to be one! Its a travesty that one has to go to all this trouble and expense to have a local ordinance overturned. When putting the ordinance in place is just a swipe of some local politicians pen.

You fought the law and you kinda won. So far. Lets see a full win soon!

 

[Thomas B]

I think it says the court authorized time to fly there begins on that date and time... bummer about the limited hours. Maybe OP will clarify, as I may be incorrect. Grammar of the court order posted is unclear to me.

 

[GadgetGuy]

I think it means you CAN fly in the area free of reproach from law enforcement during the hours of 9a.m. - 1p.m on the 28th of November. So thats a Thanksgiving offering?

I guess it is one small step towards stopping all enforcement in the area by local authorities. @Lapeer20m So please that you are pursuing this. I remember when the incident happened and it seems so long ago. I was a supporter then and continue to be one! Its a travesty that one has to go to all this trouble and expense to have a local ordinance overturned. When putting the ordinance in place is just a swipe of some local politicians pen.

You fought the law and you kinda won. So far. Lets see a full win soon!

Not to rain on the parade, but 5 hours of daily permissive drone flying, starting on a specific day, is hardly a win. What it actually does is reaffirm the right to control drone flying at that location, and says they still have the right to control it under MCL 259.321, .322 and .323.

 

[Thomas B]

Not to rain on the parade, but 5 hours of daily permissive drone flying starting on a specific day is hardly a win. What it actually does is reaffirm the right to control drone flying at that location, and says they still have the right to control it under MCL 259.321, .322 and .323.

Agree... having been down this road before in an unrelated matter... the issue of flying vs taking off, FAA authority, etc May have to be addressed separately if that is the final court decision.

 

[Jommers]

For those who don't know, there's a local tradition of going out and offroading Thanksgiving day. This is probably just to let people film and take pictures of it for the big event. Below is from a Facebook page of the event:

Details
Traditions are meant to be kept and for 100s of Mounds fans that tradition includes waking up early and getting muddy before meeting the family for dinner. Every Thanksgiving the Mounds is full of vehicles and ORVs of all shapes and sizes - this year make sure you're part of the crowd.

We're open 8am to sunset on Thanksgiving Day, but get here early to get a one of a kind Thanksgiving Day decal! Regular fees and rules do apply.

The Mounds ORV Park. Making grown men cry since 1971.

 

[GadgetGuy]

For those who don't know, there's a local tradition of going out and offroading Thanksgiving day. This is probably just to let people film and take pictures of it for the big event. Below is from a Facebook page of the event:

Details
Traditions are meant to be kept and for 100s of Mounds fans that tradition includes waking up early and getting muddy before meeting the family for dinner. Every Thanksgiving the Mounds is full of vehicles and ORVs of all shapes and sizes - this year make sure you're part of the crowd.

We're open 8am to sunset on Thanksgiving Day, but get here early to get a one of a kind Thanksgiving Day decal! Regular fees and rules do apply.

The Mounds ORV Park. Making grown men cry since 1971.

Get out there and use the Interim Order to exercise your rights to record drone video of the event!

 

[Lapeer20m]

I’ll try to address each of the above questions:

the court has forbidden the county from enforcing their drone ordinance for one day, for these specific hours.

The order could be interpretedto read that it starts on thanksgiving and is valid every day during those hours, but this is not the intent.

the HonorableJudge recognized that there is an event during this timeframe in which drone enthusiasts wanted to operate their drones, so the court was kind enough to go out of their way to issue this temporary injunction in an effort to accommodate us, even though the court has not yet rendered a final decision on the matter.

the order goes on the indicate that this ruling should not be construed as to any indication of how the court may ultimately rule.

I definitely think this is a positive development. What the order doesn’t say: It does not grant authority to regulate drones outside of the prescribed time/date, it simply guarantees that park rangers will not interfere with your flight operation during the above time period.

I still strongly believe that flying drones in the park is perfectly legal and local authorities do not have the authority to enforce local Drone regulations. It may require that you get detained, have your stuff confiscated, and are issued a citation in order to prove this in court as a defendant.

this order definitely does not grant permission to enforce local drone ordinances.

 

[Lapeer20m]

The order also
Doesn’t technically cover “possession” and the park rule indicates mere possession of a drone is a 90 day misdemeanor.

However, I do not expect any issues from
County law enforcement on this day.

 

[GadgetGuy]

I’ll try to address each of the above questions:

the court has forbidden the county from enforcing their drone ordinance for one day, for these specific hours.

The order could be interpretedto read that it starts on thanksgiving and is valid every day during those hours, but this is not the intent.

the HonorableJudge recognized that there is an event during this timeframe in which drone enthusiasts wanted to operate their drones, so the court was kind enough to go out of their way to issue this temporary injunction in an effort to accommodate us, even though the court has not yet rendered a final decision on the matter.

the order goes on the indicate that this ruling should not be construed as to any indication of how the court may ultimately rule.

I definitely think this is a positive development. What the order doesn’t say: It does not grant authority to regulate drones outside of the prescribed time/date, it simply guarantees that park rangers will not interfere with your flight operation during the above time period.

I still strongly believe that flying drones in the park is perfectly legal and local authorities do not have the authority to enforce local Drone regulations. It may require that you get detained, have your stuff confiscated, and are issued a citation in order to prove this in court as a defendant.

this order definitely does not grant permission to enforce local drone ordinances.

IMHO, what it actually does is reaffirm the right to control drone flying at that location, and says they still have the right to control it under MCL 259.321, .322 and .323.

 

[Chip]

IMHO, what it actually does is reaffirm the right to control drone flying at that location, and says they still have the right to control it under MCL 259.321, .322 and .323.

An ordinance is often presumed valid and enforceable until a court rules otherwise. As I understand this latest development, the judge said I will temporarily enjoin enforcement of the drone ordinance for this one special day while I continue to consider the underlying merits and whether the injunction should be permanent. It sems like neat little victory to me! Id say it should be savored over the holiday (but knowing that final chapter is yet to be written). ? Great job Lapeer keep up the good work!

 

[GadgetGuy]

An ordinance is often presumed valid and enforceable until a court rules otherwise. As I understand this latest development, the judge said I will temporarily enjoin enforcement of the drone ordinance for this one special day while I continue to consider the underlying merits and whether the injunction should be permanent. It sems like neat little victory to me! Id say it should be savored over the holiday (but knowing that final chapter is yet to be written). ? Great job Lapeer keep up the good work!

Exactly. Creating a 5 hour exception merely reaffirms the presumption of enforceability of the ordinance otherwise. It is a gift to be savored. It is essentially a discretionary permit, granting permission to do something otherwise prohibited, within the permit restrictions. They still have the right to control drone flying during the 5 hours under MCL 259.321, .322 and .323., whatever those limitations are.

 

[DoomMeister]

IMHO, what it actually does is reaffirm the right to control drone flying at that location, and says they still have the right to control it under MCL 259.321, .322 and .323.

You need to read MCL 259.321, .322,and .323 to realize they forbid local ordinances that are not inline with FAA rules. It does allow local authority over internal use of drones (police, firemen, and other local government use of sUAS).

This was a temporary injunction to halt enforcement of a park rule that is in violation of the MCL’s until a final decision is made in the case given Due Process.

So while this is not a win so to speak, it also not a defeat and shows that Judge Farah is the fair minded person I have known him to be. He has been credit to our community for many years.

I would appreciate everyone withholding their opinions of Judge Farah until he makes his final decision in this case.

 

[Lapeer20m]

There is basically two ways to fight an illegal ordinance, like this one. You can take the government entity to court to get an injunction or you can ignore the ordinance until issued a citation and fight the criminal charges. The latter is more risky, but is a viable option. It's also likely to be much quicker of a solution.

I actually was well on my way to completing option 2, but before I got to court, they replaced the old ordinance with a new one and threw my case out.