In a recent lawsuit filed in North Carolina, a drone pilot named Michael Jones is taking on the North Carolina Board of Surveyors after receiving a warning letter threatening legal action for selling aerial photos and videos without a surveyor’s license. This case raises important questions about the future of commercial drone operations and the freedom of speech. Jones argues that capturing videos and photos for informational purposes, even when done by drone, is protected under the First Amendment. The outcome of this lawsuit could have significant implications for the regulation of commercial drone operations and the ability of drone pilots to provide aerial shots for various industries such as real estate, agriculture, and public safety.
Drone Pilot Files Lawsuit Against North Carolina Board of Surveyors
Background Information
In late 2018, commercial drone pilot Michael Jones received a threatening letter from North Carolina’s Board of Examiners for Engineers and Surveyors. The letter warned him that his commercial drone work was illegal because it constituted surveying without a license. The Board demanded that he cease his activities immediately. Despite Jones’ precautions to clarify that his aerial shots did not establish property lines and were not used for legal surveying needs, an investigator from the Board claimed that he could face criminal and civil prosecution if he continued selling aerial shots of properties. This incident led to the closure of Jones’ drone services business.
Reason for Lawsuit
After receiving the threatening letter from the Board, Jones made the decision to shut down his business, fearing legal trouble and potential fines. However, he eventually partnered with the Institute for Justice and filed a lawsuit against the Board. The lawsuit claims that capturing videos and photos for informational purposes, including those taken by drones, is protected as a form of speech under the First Amendment of the U.S. Constitution. By attempting to prevent Jones from documenting places with permission, the Board is infringing on his right to collect and disseminate information.
Potential Implications
The outcome of this lawsuit could have significant implications for commercial drone operations in North Carolina and potentially throughout the U.S. If Jones is successful in his lawsuit, it would send a clear message to other governmental bodies that similar tactics to prevent competition will not be tolerated. On the other hand, if the Board wins, it could result in the implementation of new requirements for drone service providers. This could limit the ability of drone operators to provide aerial photography and videography services, affecting industries such as property marketing, construction, and filmmaking.
Similar Cases in Other Industries
The issue of certification requirements and restrictions on new technologies is not unique to the drone industry. In the field of industrial inspections, certification bodies like the American Petroleum Institute (API) have not placed strict requirements on drone pilots for collecting aerial data during inspections. Instead, they have focused on providing guidelines and working towards the adoption of drones in the industry. Jones’ lawsuit could potentially send a message to competing organizations facing similar challenges.
Outcome Speculation
The potential result of Jones’ lawsuit remains uncertain. If he is successful, it could have far-reaching implications for the drone industry and public safety. It would reaffirm the protection of speech and information in the context of drone operations. However, if the Board prevails, it could lead to the introduction of new requirements and limitations on drone operators in North Carolina.
News by Industry
To stay updated on news and developments in the drone industry, here are some key areas to focus on:
Property Marketing
Commercial drone operations play a crucial role in capturing aerial footage for property marketing. Any changes in certification requirements or limitations on drone operators could impact this industry.
Construction
Drones are widely used in the construction industry for tasks such as site surveys, progress monitoring, and inspections. The outcome of Jones’ lawsuit may influence the use of drones in construction-related activities.
Filmmaking
Aerial photography and videography have become essential tools for filmmakers. If limitations are imposed on drone operators, it may affect the ability to capture stunning aerial shots for cinematic purposes.
Agriculture
Drones are increasingly used in agriculture for crop monitoring, precision spraying, and livestock management. Any changes in regulations could affect the efficiency and effectiveness of these operations.
Emergency Services
Drones have proven to be valuable assets for emergency services, aiding in search and rescue operations, disaster response, and assessing hazardous situations. Changes in regulations may impact the ability of emergency services to leverage drone technology in critical situations.
Inspections
Aerial inspections using drones have become a cost-effective and efficient method in industries such as oil and gas, infrastructure, and utilities. The outcome of the lawsuit could have implications for the use of drones in inspections.
Land Surveying & GIS
The lawsuit directly challenges the notion that aerial photography and mapping constitute surveying. The implications of the lawsuit may affect the practices of land surveying and geographical information systems (GIS).
Delivery
The drone delivery industry has seen significant growth in recent years, with companies experimenting with autonomous delivery drones. Any changes in regulations could impact the development and implementation of drone delivery services.
Conservation
Drones are used for environmental monitoring, wildlife tracking, and mapping in conservation efforts. The lawsuit’s outcome may have implications for the use of drones in conservation projects.
FPV Racing
First-person view (FPV) racing is a popular sport among drone enthusiasts. While not directly related to the lawsuit, changes in regulations or limitations on drone operations could indirectly impact the FPV racing community.
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