FAA drops ban on drones near DHS operations following Minnesota photojournalist’s lawsuit

The Federal Aviation Administration this week walked back a rule barring drone flights within 3,000 feet of Department of Homeland Security buildings and vehicles. The government’s retreat comes a month after a Minnesota photojournalist sued the aviation agency with help from the Reporters Committee for Freedom of the Press. 

The FAA replaced its “temporary flight restriction” — which carried the possibility of civil and criminal penalties for violators — with an advisory of a similar nature, but with lower stakes. 

The new advisory asks drone operators to avoid the airspace near DHS, Department of Defense, Department of Energy and Department of Justice assets, including buildings and vehicle convoys. Drones in the covered airspace that are “deemed to pose a credible or safety or security threat” may still be captured or destroyed by the agencies, the advisory warns. 

The new advisory comes as a relief to drone operators including Rob Levine, the plaintiff in last month’s lawsuit, who feared criminal penalties or the destruction of his drone as a result of accidentally flying near unmarked Immigration and Customs Enforcement vehicles. 

Journalists had no practical way to avoid violating the previous rule, creating a damper on newsgathering activities protected by the First Amendment, said Alex Garcia, president of the National Press Photographers Association, in a January press release responding to the airspace restrictions.

“It was heartbreaking to have my drones grounded at a time of such importance to my community, but I’m looking forward to getting back up there and getting back to my journalism as soon as possible,” Levine said.