Sussex County DE Towns banning/restricting UAVs against FAA & DE state law

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For those of you in DE or that visit the state, especially the beach areas..beware.

As you may or may not know Bethany beach banned or severly restricted drone flying.
This is in addition to Governor Markells law last Dec (2015) severly restricting our flying, the state parks including Cape Henlopen removing their RC field, now Lewes is trying to shut us out completely, not just in the towns parks.
I also wonder if Bethany Beachs ban would hold up if challenged due to the FAAs statements about patchworks, plus it was done after the Governors law being sign, which it also contradicts.

Lewes article in this past Fridays Cape Gazette..
Drones are the buzz in Lewes

Adding in The Points article from earlier in the year when Bethany banned us..
Bethany Beach adopts restrictions on private drone use | Coastal Point

Please, if you know of anyone who especially lives in Lewes & flies let them know. I'm fairly sure that they will not listen to non residents, even if you do business in the area. I & my family are trying to get the word out to as many as possible before Nov 14 when they are "supposed" to discuss this.
 
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STATE CODE ON DRONE USE
"Only the State may enact a law or take any other action to prohibit, restrict, or regulate the testing or operation of an unmanned aircraft systems in the State. This section preempts the authority of a county or municipality to prohibit, restrict, or regulate the testing or operating of unmanned aircraft systems and supersedes any existing law or ordinance of a county or municipality that prohibits, restricts, or regulates the testing or operating of unmanned aircraft systems." - Delaware Code Title 11, Chapter 5, Section 1334,

TITLE 11 - CHAPTER 5. SPECIFIC OFFENSES - Subchapter VII. Offenses Against Public Health, Order and Decency


--> (e) Preemption. Only the State may enact a law or take any other action to prohibit, restrict, or regulate the testing or operation of an unmanned aircraft systems in the State. This section preempts the authority of a county or municipality to prohibit, restrict, or regulate the testing or operating of unmanned aircraft systems and supersedes any existing law or ordinance of a county or municipality that prohibits, restricts, or regulates the testing or operating of unmanned aircraft systems. <--

Bolding & underling done by me, as I feel these are important & override Bethanys ban on drones.

What do others think? I know a few lawyers hang around here. ;)
 
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I think we will need to start seeing some legal challenges to these sorts of things. Unfortunately governments can take away your rights in seconds and it can take decades to restore them.
 
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I think we will need to start seeing some legal challenges to these sorts of things. Unfortunately governments can take away your rights in seconds and it can take decades to restore them.
And the people who get screwed about these laws are usually in no place (Financially) to challenge them. I'm interested to see how this plays out; hopefully no one ends up behind bars or heavy fines.
 
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Should be an easy fix: In 2016 FAA regulations "allow" drones to fly below 400 feet to prevent interference with planes above that height, and makes it a felony for a landowner to block drones flying through the lower altitudes regardless of ownership.(F.R. 2016 6-28-2016 Pgs 42063- 42214 DOC #: 2016-15079)
 

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