Xizmo Media Productions LLC v. City of New York | |
---|---|
Court | United States District Court for the Eastern District of New York |
Full case name | Xizmo Media Productions LLC v. City of New York |
Started | April 20, 2021 |
Citation(s) | 1:21-cv-02160 |
Court membership | |
Judge sitting | Eric N. Vitaliano |
Xizmo Media Productions LLC v. City of New York is a pending United States federal court case where the company Xizmo Media Productions argues that the New York City's "Avigation" law, which in effect is a ban on unmanned aerial vehicles (commonly known as "drones") within New York City, violates the First Amendment to the United States Constitution. Xizmo argues that New York City's drone ban renders an "inability [for Xizmo] to gather aerial imagery interfering with its directors’ artistic expression". The lawsuit, which is taking place in the United States District Court for the Eastern District of New York, will be decided by federal judge Eric N. Vitaliano. [1]
New York City passed its "Avigation" law in 1948, which stated:
It shall be unlawful for any person avigating an aircraft to take off or land, except in an emergency, at any place within the limits of the city other than places of landing designated by the department of transportation or the port of New York authority. [1]
New York City's website additionally advises that people who see drones within New York call 9-1-1. Xizmo argues that the Federal Aviation Administration, not the City of New York, has jurisdiction over all airspace in the country, and by extension the airspace over New York City, and only it can enact restrictions on where drones can be flown. [2] Xizmo has previously been cited by New York City police for failure to obey the New York City drone ban. Despite its operators having a part 107 remote pilot certificate, various FAA waivers, and an FAA permit to operate small UAVs "in class B airspace under the jurisdiction of New York's Kennedy Airport Control and LaGuardia Airport Traffic Control", Xizmo was cited and fined under the Avigation law, which it argues the City's interpretation is excessively "expansive". [2]
The core of Xizmo's argument is that New York City's drone ban not only violates FAA precedent but violates the First Amendment by excessively restricting the right to artistic expression through the use of drones for the purpose of aerial photography and videography. [1] [3]
New York City initially attempted to dismiss the lawsuit, arguing that given the presence of skyscrapers and tall buildings within the city, the safety of its residents would be jeopardized by drones. Judge Vitaliano, however, declined the motion to dismiss, arguing that "just as holding a protest calling for “an end to the violence and conflict in communities of color” on Randall’s Island cannot communicate the same message as holding the identical protest march on Malcolm X Boulevard in Harlem, filming in the five remote Brooklyn, Queens, and Staten Island locations cannot communicate the same message as filming in Manhattan." [3] Brendan Schulman, an executive at Boston Dynamics and the former vice president of policy at drone manufacturer DJI, posted Vitaliano's decision on Twitter. [4]
The Federal Aviation Administration (FAA) is the largest transportation agency of the U.S. government and regulates all aspects of civil aviation in the country as well as over surrounding international waters. Its powers include air traffic control, certification of personnel and aircraft, setting standards for airports, and protection of U.S. assets during the launch or re-entry of commercial space vehicles. Powers over neighboring international waters were delegated to the FAA by authority of the International Civil Aviation Organization.
An unmanned aerial vehicle (UAV), commonly known as a drone, is an aircraft without any human pilot, crew, or passengers on board. UAVs were originally developed through the twentieth century for military missions too "dull, dirty or dangerous" for humans, and by the twenty-first, they had become essential assets to most militaries. As control technologies improved and costs fell, their use expanded to many non-military applications. These include aerial photography, precision agriculture, forest fire monitoring, river monitoring, environmental monitoring, policing and surveillance, infrastructure inspections, smuggling, product deliveries, entertainment, and drone racing.
Aerial photography is the taking of photographs from an aircraft or other airborne platforms. When taking motion pictures, it is also known as aerial videography.
The Thomas More Law Center is a Christian, conservative, nonprofit, public interest law firm based in Ann Arbor, Michigan, and active throughout the United States. According to the Thomas More Law Center website, its goals are to "preserve America's Judeo-Christian heritage, defend the religious freedom of Christians, restore time-honored moral and family values, protect the sanctity of human life, and promote a strong national defense and a free and sovereign United States of America."
The Protection of Lawful Commerce in Arms Act (PLCAA) is a U.S law, passed in 2005, that protects firearms manufacturers and dealers from being held liable when crimes have been committed with their products. Both arms manufacturers and dealers can still be held liable for damages resulting from defective products, breach of contract, criminal misconduct, and other actions for which they are directly responsible. They may also be held liable for negligent entrustment when they have reason to know a gun is intended for use in a crime.
In real estate, air rights are the property interest in the "space" above the earth's surface. Generally speaking, owning, or renting, land or a building includes the right to use and build in the space above the land without interference by others.
Kramer Levin Naftalis & Frankel LLP is an American law firm headquartered in New York City with branch offices in Silicon Valley, California; Washington, D.C.; and Paris, France. The firm has 324 lawyers.
First-person view (FPV), also known as remote-person view (RPV), or simply video piloting, is a method used to control a radio-controlled vehicle from the driver or pilot's view point. Most commonly it is used to pilot a radio-controlled aircraft or other type of unmanned aerial vehicle (UAV) such as a military drone. The vehicle is either driven or piloted remotely from a first-person perspective via an onboard camera, fed wirelessly to video FPV goggles or a video monitor. More sophisticated setups include a pan-and-tilt gimbaled camera controlled by a gyroscope sensor in the pilot's goggles and with dual onboard cameras, enabling a true stereoscopic view.
The Next Generation Air Transportation System (NextGen) is an ongoing United States Federal Aviation Administration (FAA) project to modernize the National Airspace System (NAS). The FAA began work on NextGen improvements in 2007 and plans to finish the final implementation segment by 2030. The goals of the modernization include using new technologies and procedures to increase the safety, efficiency, capacity, access, flexibility, predictability, and resilience of the NAS while reducing the environmental impact of aviation.
Paul George Cassell is a former United States district judge of the United States District Court for the District of Utah, who is currently the Ronald N. Boyce Presidential Professor of Criminal Law and University Distinguished Professor of Law at the S.J. Quinney College of Law at the University of Utah. He is best known as an expert in, and proponent of, victims' rights.
Drone journalism is the use of drones, or unmanned aircraft systems (UAS), for journalistic purposes. According to the Federal Aviation Administration, "an unmanned aircraft is a device that is used, or is intended to be used, for flight in the air with no onboard pilot".
Amazon Prime Air, or simply Prime Air, is a drone delivery service operated by Amazon. The service uses delivery drones to autonomously fly individual packages to customers, and launched in 2022.
A delivery drone is an unmanned aerial vehicle (UAV) used to transport packages that include medical supplies, food, or other goods. Given their life-saving potential, use cases for medical supplies in particular have become the most widely-tested type of drone delivery, with trials and pilot projects in dozens of countries such as Australia, Canada, Botswana, Ghana, Uganda, the UK, the US among others. Delivery drones are typically autonomous and electric, sometimes also operated as a part of a fleet.
The US Federal Aviation Administration has adopted the name small unmanned aircraft system (sUAS) to describe aircraft systems without a flight crew on board weighing less than 55 punds. More common names include UAV, drone, remotely piloted vehicle (RPV), remotely piloted aircraft (RPA), and remotely operated aircraft (ROA). These unmanned aircraft flown in the USA's National Airspace System must operate under the rules of a Community Based Organization for recreational purposes or 14 CFR Part 107 for commercial operations. All UAVs weighing more than 250 grams flown for any purpose must be registered with the FAA.
The use of unmanned aerial vehicles (UAVs) or drones, is generally regulated by the civil aviation authority of the country. Nevertheless, the International Civil Aviation Organization (ICAO) began exploring the use of drone technology as far back as 2005, which resulted in a 2011 report. France was among the first countries to set a national framework based on this report and larger aviation bodies such as the FAA and the EASA quickly followed suit, which eventually led to influential regulations such as Part 107 and Regulation (EU) 2019/947. As of January 2022, several countries are working on new regulations, ranging from BVLOS operations to UTM activities, which include the US, the EU, India, South Korea, Japan, and Australia among others.
The Commercial UAS Modernization Act is a bill introduced in the 114th Congress by U.S. Senators Cory Booker (D-NJ) and John Hoeven (R-ND) that would create temporary guidelines for the use of unmanned aircraft systems and regulations for the commercial drone industry. Most commercial use of drones in the U.S. is currently banned by the Federal Aviation Administration (FAA).
An agricultural drone is an unmanned aerial vehicle used in agriculture operations, mostly in yield optimization and in monitoring crop growth and crop production. Agricultural drones provide information on crop growth stages, crop health, and soil variations. Multispectral sensors are used on agricultural drones to image electromagnetic radiation beyond the visible spectrum, including near-infrared and short-wave infrared.
Remote ID, or formally Part 89 in Title 14 of the Code of Federal Regulations, Remote Identification of Unmanned Aircraft, is a United States regulation instituted by the Federal Aviation Administration that requires unmanned aerial systems (UAS) to broadcast location information about the airborne vehicle and a unique serial number for identification by law enforcement and the general public through a tracking chip. Some have referred to it as a "digital license plate" for drones and unmanned aerial vehicles (UAV).
RaceDayQuads, LLC v. FAA, also known as Brennan v. Dickson, was a 2022 United States court case heard in the DC Federal Court of Appeals in which the online store RaceDayQuads attempted to challenge the constitutionality and legality of the Federal Aviation Administration's recent remote ID ruling and decision to require that all unmanned aerial vehicles (drones) in US airspace to continuously transmit the location of both the drone and its operator during all operations. The suit, filed by RaceDayQuads owner and CEO Tyler Brennan, was intended to "save the drone industry", including drone racing by using "FPV drones".
The aerial surveillance doctrine is the legal doctrine in the United States of America that under the Fourth Amendment, aerial surveillance of an individual’s property does not inherently constitute a search for which law enforcement must obtain a warrant. Courts have used several factors–sometimes only one or a few, other times many or all of them–to determine whether the surveillance in question is a search in violation of one’s constitutional rights: the object of the surveillance, the technology employed, the duration of the surveillance, scope of aggregated information, and the vantage point from which the surveillance is conducted.