Flying over an indian casino, police chased me off ??

[mikesfunphotography]

Hello All,

Was flying my drone over the Iliani casino in LongView WA and when I was landing after my first hyperlapse a friendly Sheriff told me that I can't fly over the casino. I tried to explain that the area is clear for flight by the FAA and he wasn't having it.

Obviously, they can kick me out of the parking lot, which I don't want as I enjoy going here from time to time.

Can anyone think of a reason I cannot LEGALLY fly over this facility according to FAA regulations? So long as I'm not doing so on their property, I don't think even Indian Reservations have control of the airspace over their land.

Thanks all, still having a blast with the Air 2S it's an incredible drone for the money IMO.

Regards,
MIke

 

[Chip]

I would not under any circumstances fly over that casino and argue with sheriff or tribal police over your right to do it. Very easy way to get arrested for trespass, reckless endangerment, resisting arrest, nuisance, etc.

 

[mikesfunphotography]

I was very polite and I never argued in the slightest. The Sheriff was quite pleasant, he just said they don't 'want' people flying over their casino. That is quite different than saying it's illegal to do so.

I was flying @125 ft over the empty part of the parking lot, following all FAA rules and regulations which as a private pilot since July 1994 I'm familiar with.

This is a legal question.

 

[JohnnyD913]

Why not just respect their wishes by not flying over the casino?
You admit the sheriff was polite so I can not understand why you want to push the issue..
Is there something about that casino that interest or bothers u?

 

[MARK (LI)]

Who's parking lot?..is it their parking lot?...did you launch and land there?....The way you describe the scenario, it is hard to tell....but sounds like it is...in which case they have every right in the world to tell you that you cannot launch, land or operate from their property...and no one has the right to expect it to be ok to do so
What is interesting is that someone posted some exceptionally beautiful video of Monument Valley ...you cannot use the area to launch / land / operate, but he parked outside and flew in... his video was more mesmerizing than being there

 

[baristabob]

Many of the tribes here in AZ are very clear about no drones from tribal lands. However it is my understanding with easements along state and federal roads, you could take off and operate there. What you don't want is to face tribal laws which can be expensive if fined.

 

[spamgnome]

Why not just respect their wishes by not flying over the casino?
You admit the sheriff was polite so I can not understand why you want to push the issue..
Is there something about that casino that interest or bothers u?

Because then entities, like this casino, will continue to call the cops for no reason.

 

[MARK (LI)]

@spamgnome I am not sure what you mean...if he is flying from the parking lot of the casino...that is Indian Land and they can prohibit anyone from launching / landing / operating and that is a good reason for them to call the cops....at that point it is not any longer in FAA jurisdiction... on the ground it is a Police matter.

 

[Talkenrain]

"Can anyone think of a reason I cannot LEGALLY fly over this facility according to FAA regulations? So long as I'm not doing so on their property"

Legally no, provided you do not launch, land, or operate (control) the drone on the casino property!

 

[Peterson]

Some one would have to look at the legality of the situation here. Remember that tribal land is actually part of a sovereign nation that all though they follow the laws of the United States there is some autonomous exclusions that do apply and may play into this scenario.

 

[BigAl07]

It's very common for a Tribal Entity to state "No Drones on any Tribal property" which would probably mean more than "just" the Casino parking lot. We have a large tribal community very near where I live and they are strict and serious about no drones and even more so when it comes to their Casino. Look at it from a SECURITY stand point . . . Would you want someone "casing the joint" with a drone if it was your casino or you were head of security?

While you are probably following FAA rules (assumption) that doesn't mean it's the RIGHT thing to do. Sometimes we have to stop for just a minute and think bigger than our hobby/industry and realize how it looks/feels to someone on the outside looking in.

In conclusion, if I was going to pick an entity to fight/argue with it would never be any entity associated with the Tribe or with Gambling..... both can be very dangerous and they have the $$$ to make it stick.

 

[spamgnome]

@spamgnome I am not sure what you mean...if he is flying from the parking lot of the casino...that is Indian Land and they can prohibit anyone from launching / landing / operating and that is a good reason for them to call the cops....at that point it is not any longer in FAA jurisdiction... on the ground it is a Police matter.

the OP asked, "Can anyone think of a reason I cannot LEGALLY fly over this facility according to FAA regulations?:" Obviously operating from the parking lot is a no-go.

 

[mikesfunphotography]

Hi All,

Thanks for the replies! Seems it's agreed that they have no right to say you can't fly over the area. Obviously, they can say don't launch from our property.

I have no intention of flying over the casino again! I was there playing blackjack and it was a nice sunset, had the drone in the SUV and just put it up to see if I could get any good shots.

Cheers!
Mike

 

[wardtom084]

Will see aircraft flying over them? You are aircraft. No one owns the air and it is controlled by the FAA. They can stop the land and launch but not the fly over. I would make it as high as possible.

 

[Rich QR]

First, the easy part: The FAA doesn't have a problem with you flying over a casino, as long as you're not flying over people, roads, or vehicles (were you?)

Even if your flight was fine by FAA rules, A tribal government may pass a law against the flying you did, asserting the right of sovereignty over the low altitude airspace you were flying in. Who would stop them from passing such a law?

Can they enforce their law? They can try. You may challenge them in court, but they're a sovereign government separate from the US government, so they're not necessarily bound by the same restrictions that would bind a county or municipal government in the US. What does their treaty say on the matter?

It could get expensive with legal fees, but the drone community could use the guidance of a few clear court decisions to establish a precedent here. Nobody in their right mind wants to be the test case, though.

 

[jforester]

Anytime I fly at an event or over a business I ask permission. If we are going to be viewed as professionals then we need to act like respectable people. Most of the time folks that are over events really like the opportunity to get “free” footage of their event. Since I’m flying for fun anyway... no one is out anything. And I get opportunities without restrictions. BTW casinos don’t like drones for good reason. Not everyone that frequents them wants just anyone knowing it.

 

[Chip]

I was there playing blackjack and it was a nice sunset, had the drone in the SUV and just put it up to see if I could get any good shots…

That is great opener! Lots of different ways the story could have gone. Your luck held up. Hopefully you went back in and won a few bucks! Thank goodness you did not whip out your Trust certificate and say back off because you’re one of the first in the world to be issued one from the FAA like pnwhiker did at the waterfalls a little south of casino!

 

[SpitFire]

In the trust safety test. "Remember, the person flying the drone is ultimately responsible for all aspects of the flight, including where it flies, how high it flies, and that all rules and regulations are followed. Check it out on the RUAS safety test. Under the part Preparing to fly your drone.

 

[mikesfunphotography]

I was just having fun and knew I was taking a chance taking off from the parking lot. I was parked way out in an empty section away from everyone So I must have stood out like a sore thumb. Guess they are actually watching those camera's which makes me feel good about parking at Iliana!

I was never over any people or any moving vehicles or really any vehicles at all. I was working from the backside of the casino trying to get a sunset shot as I lifted up from the construction site of their new hotel. I'm 100% sure I was fine on the FAA side, certainly pressed my luck launching from their sovereign territory.

 

[mikesfunphotography]

I didn't go back into the Casino figure I'd already gotten my blackjack and it was time to go home. The officer was really pleasant as was I to the officer. I'm old so I like police officers and respect the job they do. Thank you to everyone for helping to confirm it's ok for aircraft to fly where the FAA allows, take off's and landings are just another thing!

I want an inspire 2 just so I can see it further away, DJI please release the inspire 3...so I can pick up an inspire 2 at a price I can afford.