Town’s ban of drones flying over chicken processing complex is questioned

The Wilkesboro Town Council introduced a resolution that temporarily bans drones from flying over the Tyson Foods Inc. chicken processing complex in Wilkesboro, NC. The legality of the resolution is being questioned by commercial drone pilot Vic Moss and his attorney.

Until all local and state declarations of emergency have expired, the resolution that the council unanimously passed on Monday prohibits all operations of unmanned aircraft or drones above or within 100 feet of the Tyson processing complex.

Town’s ban of drones flying over Tyson complex

Town officials said, according to the Wilkes Journal-Patriot that a COVID-19 outbreak at the Tyson location led to the arrival ofย various television news crews, some of whom had been flying drones over the complex.

โ€œAs Tyson’s (COVID-19) case count has grown, the publicity around the facility has reached a fever pitch, with multiple news crews trying to get coverage of the facility,โ€ noted Town Manager Ken Noland. โ€œWe’re getting more than one drone flying at a time, and we’re concerned we could have an accident.โ€

Noland added โ€œseeing drones fly over your head just adds to the stress countโ€ of Tyson employees.

Soon after the resolution passed, Vic Moss from Moss Photography and The Drone U emailed Noland, the Wilkes Journal-Patriot, and Mickey Osterreicher, an attorney with the National Press Photographers Association.

โ€œI caution you against enforcing this. If you do, and cite someone, you will find your city attorney defending an indefensible federal court case,โ€ Moss wrote.

Moss also added that according to federal statute, the Federal Aviation Administration () has sole authority to control the National Airspace System (NAS). No political subdivision, such as a municipality, is allowed to control the NAS without consultation with the FAA.

โ€œIt would be in the best interest of the Town of Wilkesboro to remove this ill-conceived ordinance from your books,โ€ Moss said. โ€œOtherwise you’re opening up the town to a very expensive lawsuit.โ€

Town'S Ban Of Drones Flying Over Chicken Processing Complex Is Questioned 1

According to the newspaper, councilman Russ Ferree said, โ€œThe owner (Tyson) needs to take these people (flying drones) to court or find somebody that shoots skeet,โ€ before making the motion to approve the resolution. Ferree seems to be unaware that it is a federal crime to shoot at a manned or unmanned aircraft.

The Wilkesboro Department will enforce the ordinance which could potentially be a misdemeanor charge with a fine of up to $500.

โ€œWe are extremely concerned when local governments attempt to usurp the powers of the FAA to regulate the national airspace. Stringing together a number of ill-conceived and conclusory assumptions such as โ€˜impacted the facility and invaded the privacy Tyson team members’ with several โ€˜whereas’ in order to prohibit [drones] is not only a violation of federal preemption but an abridgment of the First Amendment,” said Osterreicher who has been working with the FAA and law enforcement agencies to promote the safe use of drones by journalists. He added, โ€œWe hope that the Wilkesboro Town Council will reconsider their actions before a challenge costs citizens tax dollars that we are sure could be better used elsewhere.โ€

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Haye Kesteloo
Haye Kesteloo

Haye Kesteloo is a leading drone industry expert and Editor in Chief of DroneXL.co and EVXL.co, where he covers drone technology, industry developments, and electric mobility trends. With over nine years of specialized coverage in unmanned aerial systems, his insights have been featured in The New York Times, The Financial Times, and cited by The Brookings Institute, Foreign Policy, Politico and others.

Before founding DroneXL.co, Kesteloo built his expertise at DroneDJ. He currently co-hosts the PiXL Drone Show on YouTube and podcast platforms, sharing industry insights with a global audience. His reporting has influenced policy discussions and been referenced in federal documents, establishing him as an authoritative voice in drone technology and regulation. He can be reached at haye @ dronexl.co or @hayekesteloo.

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