First Amendment vs Homeland Security

[Dude!]

The FAQ on the blimp site says that the blimp can fly over sporting events and Washington DC because it is protected by the First Amendment. The blimp blog says they can't do that because it is prohibited by Homeland Security. Which is it?

FAQ:

We have been told that the blimp will fly over the Super Bowl and Times Square for New Years. Has the proper research been done to get the security clearance for these incredibly restricted regions of air space?


Those spaces are restricted for commercial and pleasure flights. This flight is neither.

We are engaging in constitutionally protected political speech. Our First Amendment attorney is preparing papers now to file for court orders to assure that we get to excersise that right, and will be coming all the way from Hawaii to Washington DC to file them this week.

Times square seems doable, as well as Wall Street, and the Federal Reserve Banks of Washington, New York, and Boston, in that order.

While it would be quite difficult to get the first blimp all the way across the country to the Super Bowl, we could get another blimp in Arizona for the Super Bowl, if Ron Paul supporters sponsor it. The owner of an airfield nearby has agreed to host us for free. Then we could keep this one East coast focused until Super Tuesday.


BLOG:

Why didn’t you fly over Washington, DC? Why did you fly over the Chesapeake Bay and farmland?
December 22nd, 2007 by Charles

The area around Washington, DC is protected by an enormous Restricted Zone. It is, in fact an ADIZ (Air Defense Identification Zone) courtesy of Homeland Security and the FAA (Federal Aviation Administration). Gaining an exemption to fly in the area is extremely difficult and not often granted. We went through several difference channels and were not able to obtain such an exemption. For that reason we had to veer far around the DC area. At times this put us over the Chesapeake Bay and other areas with low population densities.

We also needed to make good time on certain legs of these trips. When on a tight schedule we circle dense population areas and then continue in the most direct route to the next area with large population densities. At times this requires the Blimp to be flown over “less than optional” exposure areas. Keep in mind that the Blimp travels at about 30-35 miles per hour with no wind. Sometimes it is necessary to take direct routes because of time issues. At times there are flight safety issues and the air crew makes those decisions in the best interest of the Blimp. They have the final word when it comes to operational safety.



Can you fly over Football & Bowl Games… what about other sporting events?
December 22nd, 2007 by Charles

Homeland security has been responsible for a number of new regulations adopted by the Federal Aviation Administration (FAA). One of those rules is that no aircraft can fly within a three mile radius of such an event were the seating capacity exceeds 30,000. This specifically includes NFL, MLB, NCAA, Speedway and other events. This Temporary Flight Restriction (TFR) goes into effect one hour prior to the event and ends one hour after the event has ended.

There are certain exceptions to this rule. One such exception allows “official” air flights to receive an exemption. Here is the text from one such NOTAM (Notice to Airmen):

THOSE WHO MEET ANY OF THE FOLLOWING CRITERIA MAY REAPPLY FOR A WAIVER TO THESE RESTRICTIONS: (A FOR OPERATIONAL PURPOSES OF AN EVENT, STADIUM, OR OTHER VENUE, INCLUDING (IN THE CASE OF A SPORTING EVENT THE TRANSPORT OF EQUIPMENT OR PARTS, TEAM MEMBERS, OFFICIALS OF THE GOVERNING BODY, THE IMMEDIATE FAMILY MEMBERS AND GUESTS OF SUCH TEAMS, AND OFFICIALS TO AND FROM THE EVENT, STADIUM, OR OTHER VENUE.

This exception means that the Blimp could be used for filming such an event. There are some issues that should be considered; the waiver take time to obtain and could only be applied for once we meet the criteria. To meet the criteria we would need to qualify under the exceptions noted above. If the Blimp were to operate as a photo vehicle, say for NFL films, we would need to make prior arrangements with them. We would need to dedicate the Blimp’s services for mounting photo/video equipment prior to and after the event. There would probably need to be an actual test of the equipment. This could result in a substantial amount of operational time being dedicated to providing services to a single event.

We have not ruled out the possibility. There are several hurdles to overcome and we are making efforts to obtain the proper information and connections. If you know a senior corporate manager of an official media outlet for such events, please contact them and see if they can help us get the Blimp over one of these events. Then, provide us their information to make the arrangements. Likewise, if you know the owner of an NFL team we ask that you do the same.

We would love to be overhead at one of these events. The time diverted from Blimp operations could be substantial. The arrangements and coordination for these events may be prohibitive to maximum Blimp exposure.

[FreeTraveler]

We need a President who will enforce the Bill of Rights as the highest law of the land. Unfortunately, we have weasels instead. This is a prime example of why I'm working to support the good doctor.

[Wyurm]

I could be wrong on this, however, I gather that someone flew a blimp with the words "Impeach Bush" over a superbowl game. Shortly after there were rules put in place to prevent this sort of free speech.

Again, I didn't bother to research this, I'm just taking another poster's word for it.

[freedom-maniac]

Bump.