Can the AOPA help?

TFaudree_ERAU

Mashin' dem buttons
I know most of you have read the articles in AOPA Pilot magazine about the people that take a stand against local government action through the help of the AOPA. The company that I work for may have a reason to go to the AOPA for assistance, but I'm wondering if it is something that they can or want to help us with.

Since my last post regarding the hardships I've been having at my job, I talked with my boss about ways to increase my amount of flying and in turn the company's revenue. I was finally able to convince him that advertising sightseeing flights in a C206 for the normal charter rate was not the way to attract business. I instead pointed him in the direction of acquiring a "multi-purpose" C172, which can be operated for a MUCH more reasonable rate. I use the word "multi-purpose" because I see multiple niches in which to use the airplane. Tourist season is fast approaching, and this area would be very conducive to aerial tours. Other possibilities are aerial photography, traffic watch, flight instruction and banner towing.

All of those are possible pretty much right off the bat, but banner towing is another story. Aside from the aircraft modifications, training and insurance, the town ordnances of Hilton Head prohibit banner towing operations. Under the "Land Management Ordnance" section of local code, there is a section titled "Signs and Lighting". There are some 15 to 20 items that are listed as being prohibited when it comes to signs, most of which have to do with offensive or detractive signs. Any of you that have ever been to Hilton Head know that it is nearly impossible to know what shops and restaurants are just off the main highway because of the sign height and size restrictions. This is where I see aerial advertising being of great use to local businesses.

Local bureaucracy aside, can a town REALLY prohibit activities that take place above the surface of its real-estate? I've heard rumots that the locals started complaining about the banner towing operations that were taking place here, and in turn, the county called the FAA to complain. In reply, the FAA basically said "I'm sorry, you have no jurisdiction over the airspace above or around the island." Shortly thereafter, the ordnance was put in place.

My question is this; does the town of Hilton Head have the legal right to prohibit banner towing, and should we ask the AOPA to investigate the legality of, and hopefully remove, that ordnance?
 
That's an interesting question. Since Class E is controlled airspace I would think it makes it federally owned??


/hijack

I loved the overnites in HHH, all except for the pet gator in hotel pool :eek:
 
They can not control the airspace above them. But if they own the airport that you are taking off from with the banner then that might be the issue.
 
They can not control the airspace above them. But if they own the airport that you are taking off from with the banner then that might be the issue.

Even if they don't control the airport, the local powers that be can probably make it very difficult for a business to survive. There are likely lots of areas where they do have regulatory control that could make things difficult for either you or your potential advertisers.

Beyond that, there is the fact that Hilton Head is a resort and retirement community for very, very weathly individuals. Many that would presumably object to a flying banner for the local "All you can eat Calabsh Shrimp" place buzzing over their country club. As my sister the attorney tells me "you can sue anyone for anything in this country". Whether or not the case has merit it will cost your employer money and time and can be drawn out almost indifinitely. All it would take is one retired attorney with too much time on his hands to make your life a living hell.

I don't think this is a route I'd be pursuing, but good luck,

Bill
 
Even if they don't control the airport, the local powers that be can probably make it very difficult for a business to survive. There are likely lots of areas where they do have regulatory control that could make things difficult for either you or your potential advertisers.

Beyond that, there is the fact that Hilton Head is a resort and retirement community for very, very weathly individuals. Many that would presumably object to a flying banner for the local "All you can eat Calabsh Shrimp" place buzzing over their country club. As my sister the attorney tells me "you can sue anyone for anything in this country". Whether or not the case has merit it will cost your employer money and time and can be drawn out almost indifinitely. All it would take is one retired attorney with too much time on his hands to make your life a living hell.

I don't think this is a route I'd be pursuing, but good luck,

Bill

Funny you should say that, cause my boss is a nasty lawyer bastard himself. He's a former Crown Attorney in Canada (947 cases won) and part of a 4 person aviation consulting firm, two of whom are lawyers in the US. He's up for a fight. Honestly, he'd deal with the overhead just to prove a point. We've already gone to bat against the county once when they refused to issue us an "operating permit" after we had already received our FAA 135 certificate. They're ridiculous here, and to put it lightly, he hates them.
 
Your biggest problem may end up being a practical one. You're talking resort community with voluntary noise abatement procedures. You're talking about the post-911 world with TFRs and increased dislike of small GA. In that kind of atmosphere, local government overreaching aside, there's a lot to be said for being a "good neighbor."

Given the social-political impact, if I were the business looking for the advertising, I'd be concerned that seeing the ""All you can eat Calabsh Shrimp" banner flying back and forth low enough to be seen and heard would drive business away rather than bring it ot me.

A little research may disclose that there have been other operators with the same idea (I'm pretty sure I've seen banners over the beach on at least one trip out there, but if not, I can't imagine you're the first person to think of this). Finding out what their experience was may be educationsl.

Me? When I'm out there I'd just like to find something to rent.
 
Funny you should say that, cause my boss is a nasty lawyer bastard himself. He's a former Crown Attorney in Canada (947 cases won) and part of a 4 person aviation consulting firm, two of whom are lawyers in the US. He's up for a fight. Honestly, he'd deal with the overhead just to prove a point. We've already gone to bat against the county once when they refused to issue us an "operating permit" after we had already received our FAA 135 certificate. They're ridiculous here, and to put it lightly, he hates them.

Additional revenue alternative. . .

Have you guys considered helicopter rides for tourist? Only reason I bring it up is that since our FBO purchased an R44, there has been a significant increase in those types of sightseeing trips in our area.
 
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