Leave Beach Ads to the FAA
There’s a fight brewing between oceanfront cities that view banner-towing aircraft as ear-and eyesores and the Federal Aviation Administration, which traditionally has regulated civilian aviation. But it’s a battle that local governments most likely should and will lose.
For most beachgoers, the low-flying aircraft that tow beer, telephone calling card and automobile advertisements are as much a part of the beach scene as gliding sailboats and pounding surf. Others, including those lucky enough to live along the coast, view the aerial advertising assault as a noisy and unwanted bother.
The regulatory debate was sparked by a federal appeals court ruling in February that upheld a Honolulu ordinance that prohibits aerial advertising above its postcard-perfect beaches. Now a Huntington Beach councilwoman is proposing a similar regulation that would prohibit low-flying banner flights over Surf City beaches.
A beachfront ban probably would be a death knell for many banner-towing pilots in Southern California. Most banner-towing operations are small businesses, and many were hit hard after Sept. 11 when the FAA slapped strict limits on pilots flying over stadiums and other busy facilities.
The FAA doesn’t look kindly on other agencies horning in on its turf. Its regulations prohibit aircraft from flying below 1,000 feet, but the agency regularly grants waivers to banner pilots. The FAA hints that it will end regulatory confusion by eliminating a rule that requires pilots flying at lower altitudes to abide by local laws and ordinances--effectively shutting municipalities out.
The U.S. Aerial Advertisers Assn., a trade group formed after Sept. 11, argues against local government intervention. It points to a Colorado Supreme Court decision that the “property interests” of earthbound consumers don’t extend into the sky.
The banner-towing group maintains that local regulations will lead to confusion. What if Huntington Beach prohibits low-flying aircraft but neighboring Newport Beach does not? Would ordinances aimed at banner-towing aircraft prevent the Goodyear blimp from flying overhead?
Consumers are hit with an estimated 3,000 marketing messages daily, ranging from radio jingles and billboards to apparel logos and banner ads--both online and in the sky. So it’s easy to commiserate with those whose solitude is interrupted by the drone of banner-towing aircraft.
But using city ordinances to force banner-towing aircraft from the skies isn’t the right solution. The FAA is charged with controlling the nation’s airspace. The agency should work with local governments to set limits that protect pilots’ livelihoods as well as those who object to the aerial ad assault.
