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Thanks Jeff for a real attorney's perspective.Time to educate ourselves gentlemen and ladies. Since states and communities have started to issue their own "no fly" legislation I, as a lawyer, believed that such legislation was not enforceable in that it conflicted with the FAA's responsibility to regulate all airspace and was therefore preempted by FAA. I held my tongue until I could do additional research.
I recently found this article which sums things up. So understand that if you are willing to take violations of state "no fly" zones to court, the federal courts will likely agree that the state law is unenforceable. Yes you will need a lawyer.
By the way, state nuisance, privacy and endangerment laws can still likely be used against you without preemption helping your cause although a good lawyer may even be able to twist that around into arguing that the state cannot apply its normal tort laws in an FAA controlled area of law. (If you are interested in this I can tell you about how it works in the area of the railroads.)
Here is the article and it is a **** well written one.
http://www.americanbar.org/content/...L_V26N3_WINTER13_Silversmith.authcheckdam.pdf
You can certainly spin a phrase my brother but challenging the government is a right that must be defended. Most effective when using the procedures provided for by that government. You ain't radical yet you are simply a true believer in the democratic Anglo-American legal system.Keep laying down for the State and lick your chains. May they rest heavy upon you. As usual, there are only about 20% freedom-lovers in the populace. Those willing to challenge the .gov and benefit the rest of those who would never even think of doing such a thing. Now, wait for the "radical nut" moniker to be tossed about now.
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Over this side of the pond, dissent is one of the highest forms of patriotism. It founded a country. They have just about schooled it out of the masses, though. Submit, submit, submit. It's sickening.Hey Snerd - what's your day job? Are you just a virtual anarchist?
It was a poor attempt at paraphrasing Sam Adams...............................You can certainly spin a phrase my brother.......
Here's what one California county has put into its ordinances for its recreation areas, such as beach and lake parks:
Sec. 26-22.1. - Model aircraft.
No person shall land, launch or operate any model aircraft, whether gas-powered or electric or other propulsion, within any county recreation area except in posted designated areas or with prior written permission of the county director of community services or deputy director.
(Ord. No. 4781, § 1, 3-12-2011; Ord. No. 4833, § 1, 4-10-2012)
For a country that calls itself the land of the free, there's an awful lot of talk of fighting and breaking chains. Here in the UK us Shirefolk seem to get along with our elected leaders on the whole. Maybe our comparatively liberal regime tries harder to set rules that don't need chains.
LOL! You live in a virtual surveillance State! Yours is a very compliant people....................... no chains are needed when the masses willingly comply with their overlords................. Here in the UK us Shirefolk seem to get along with our elected leaders on the whole. Maybe our comparatively liberal regime tries harder to set rules that don't need chains.
If that's the life you want and ejnoy, I wish you nothing but success. Good luck!The difference is that most people in the UK are reassured and feel secure because of the 11:1 cameras. Big brother is only a problem if you are breaking the law. Anyway, I serve a greater power that knows the secrets of every heart - and that is reassuring for me as well [emoji56]
The sign is right after you enter and pay to "use" the park. The sign is a metal one, not paper.
And this is a State Park, not National.
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