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Lawsuits Filed Against the FAA

Multiple companies unite to fight the FAA interpretive rule.

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Three Separate Lawsuits Challenge FAA Interpretive Rule

Lawsuits have been filed against the FAA by the Academy of Model Aeronautics , representing 170,000 RC pilots. The Council on Governmental Relation, representing 188 research universities. UAS America and several commercial FPV companies.

Tim Nilson from GetFPV said:

"GetFPV and Lumenier (under my FPV Manuals LLC holding company) have joined the UAS America Fund, the Drone Pilots Association, and SkyPan in one of the 3 independent lawsuits that were filed to challenge the FAA interpretive rule today, Friday 8/22/2014. Our suit was filed alongside the separate suits filed by the AMA and the Council on Governmental Relations which represents 188 research universities."

Brendan Shulman was quoted as saying:

"People who have been using these technologies for years in different ways are concerned that they are suddenly prohibited from doing so without having their voices heard, and without regard to the detrimental impact on the commercial drone industry,"

Read more about this here.

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Old Aug 23, 2014, 10:35 AM
Registered User
United States, MO, Fenton
Joined Jan 2012
2,100 Posts
About time...
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Old Aug 23, 2014, 11:24 AM
Tesla's Workshop
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USA, CA, Torrance
Joined Nov 2004
2,449 Posts
This is exactly how to deal with wrongdoers; sue them in a court of law. Signing petitions and commenting on websites is as ineffective as activism gets.

Is there a fund to support this legal action? Thanks again Brendan!
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Old Aug 23, 2014, 11:38 AM
Sink Stinks
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Orange County, CA
Joined Aug 2004
4,347 Posts
Here you go:

http://amafoundation.modelaircraft.org/advocacy

https://www.modelaircraft.org/supportama/donations.aspx
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Old Aug 23, 2014, 11:41 AM
Foam Wrecker
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Joined Jun 2002
186 Posts
Although this case isn't specifically a Constitutional one, it's an example of how US government agencies will intentionally attempt to overstep their bounds and then wait for their move to be fought in the courts. IF, unfortunately, those affected don't have the numbers or funding (basically the same thing) to fight the overstep, the agency's decisions stand.

Back in the early days of the US and, actually, for very many years after, Congress made a very concerted effort to make sure that what they were attempting to pass was Constitutional. Now, it's just a case of pass anything and let it be fought in the courts. The same limitations of any citizen opposition to the new law apply - if you don't have the numbers and money to take it to court, you're stuck (to be polite).

This is how you end up with headlines like this recent one:
Feinstein: Let Supreme Court Decide if NSA Surveillance Is Constitutional
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Old Aug 23, 2014, 12:14 PM
Team Basement RC
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Toronto, Canada
Joined Jul 2004
430 Posts
Quote:
Originally Posted by Jim T. Graham
Lawsuits Filed Against the FAA
Lawsuits have been filed against the FAA by the Academy of Model Aeronautics , representing 170,000 RC pilots. The Council on Governmental Relation, representing 188 research universities. UAS America and several commercial FPV companies. .
Superb!!!

All the more reason to support the AMA. Well done, gents. And good luck!
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Old Aug 23, 2014, 12:47 PM
Eat, Fly, Dream, Repeat...
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United States, GA, Jefferson
Joined Jun 2012
951 Posts
I hate the quick-to-litigate mindset in the US these days but this is warranted. Voluntary comment is nice and gives the appearance of fair process but rarely affects the decision. I've been an AMA member for years and this is one of the many reasons why. Best of luck but let's hope luck isn't a factor.
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Old Aug 23, 2014, 01:14 PM
Registered User
Shoreline, WA
Joined May 2004
365 Posts
Way to go AMA! To some of the Federal agencies, the "will of Congress", or even the wording in a bill, doesn't mean much. There have been several cases lately of the agencies going way beyond what Congress directed. If you can't get them to back off with "friendly" discussions, going to court is the best hope. To their credit, the AMA is handling this very well and protecting us all. My impression (not a lawyer) is that the FAA would be very happy to make flying anything over 400' a federal crime.
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Old Aug 23, 2014, 02:05 PM
Rsetiegerd Uesr
CyberJay's Avatar
USA, AR, Cave Springs
Joined Apr 2005
3,069 Posts
Done! The AMA seems to be doing everything they can to maintain our rights. I'm glad to give them some additional support.

-J
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Old Aug 23, 2014, 02:08 PM
Right Rudder
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USA, FL, Orlando
Joined Nov 2010
9,462 Posts
Lets hope the Judges are RC hobbyist as well!
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Old Aug 23, 2014, 06:20 PM
Whadda YOU lookin' at?
CactusJackSlade's Avatar
United States, CA, Folsom
Joined May 2002
2,575 Posts
I wish a few other companies would step in.... some heavy hitters with money like Google, Amazon etc.

What about DJI and some of the other companies that have made a "few" bucks off of the industry? If they do not step up to the plate they are some of the ones who will suffer (in sales) the most.
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Old Aug 23, 2014, 07:36 PM
AMA 884978 KKN6KY
hillbille's Avatar
United States, CA, Barstow
Joined May 2007
2,355 Posts
Now - if the AMA can just petition the courts to put a "STAY" on the FAA or perhaps file for an injunction preventing the FAA , as a whole or any of it's officers or employees from intimidating potential witnesses (us - the RC pilots of the USA) or harassing and/or otherwise acting unlawfully or taking actions without precedent of law against those that are abiding by CURRENT LAW, then we could get on with our hobby while the FAA does the delay, postpone and ignore act so prevalent in the government of today.

Hillbille
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Old Aug 23, 2014, 09:40 PM
Registered Pilot
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United States, NY, New York
Joined Oct 2006
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Press release from the AMA.

http://www.modelaircraft.org/files/A...retiveRule.pdf
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Old Aug 23, 2014, 09:57 PM
Eye in the Sky
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United States, WV
Joined Sep 2013
1,561 Posts
It's not just about Law suits....everyone needs to contact their States representatives and let them know in Congress what RC means to you and how it will result in a vote against those who side with the FAA's over reaching.

Congress is already stirred enough anger towards them over many issues...make this one as well...and let them know a vote for the FAA's proposal , is your vote against them on election day......every State rep has listed phone numbers and e-mail addresses....and many have Offices in your home town....start at the State level and move up...let them all know where you stand.....may help may not.....but when they vote against your hobby be man/woman enough to vote them out of office..............yes it is that simple. !!!!!
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Last edited by HGhost; Aug 24, 2014 at 12:25 AM.
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Old Aug 23, 2014, 11:39 PM
They call me Spock
United States, TN, Knoxville
Joined Jun 2013
179 Posts
Quote:
Originally Posted by HGhost View Post
It's not just about Law suits....everyone needs to contact their States representatives and let them know in Congress what RC means to you and how it will result in a vote against those who side with the FAA's over reaching.

Congress is already stirred enough anger towards them over man issues...make this one as well...and let them know a vote for the FAA's proposal , is your vote against them on election day......every State rep has listed phone numbers and e-mail addresses....and many have Offices in your home town....start at the State level and move up...let them all know where you stand.....may help may not.....but when they vote against your hobby be man/woman enough to vote them out of office..............yes it is that simple. !!!!!
I did this and received a favorable response from congressman Duncan.
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