Secret 'no-fly' zone?

[Johnny_L.A]

Sailplane pilot arrested after not violating airspace

In a nutshell: A sailplane pilot flew a single pass over a nuclear power plant as he searched for rising air currents. The sailplane’s flight recorder indicated the aircraft was at a legal altitude. The pilot was ‘advised’ to land, whereupon he was arrested by the local sheriff for ‘flying very close to the nuclear plant dome in a ‘no fly zone’.

The arrest warrant referred to a “no fly zone.” The incident report said that “a glider or drone had infiltrated the restricted airspace over the H.B. Robinson Nuclear Power Plant.” But Fleming knew nothing on the FAA sectional charts prohibited him from flying there…

The FAA looked into the overflight and later confirmed to AOPA that it found no violation of the federal aviation regulations—but Fleming was transported to the Darlington County Detention Center…

[P]ilots from the Chesterfield County Sheriff flew the department’s helicopter to the airport, but left when they found out what was going on. “They pulled out a chart and they said, ‘Look here, … nothing in this chart says you cannot fly over the nuclear plant,’” she said. “’Nothing.’”

Thoughts?

[TriPolar]

He can sue for false arrest. It’s probably not worth the effort.

[ElvisL1ves]

Other stories have reported that he reluctantly agreed not to sue the cops as part of having the charges dismissed the next day. So, it’s just another case of “Respect mah authoritah!” that blew up in their faces - that doesn’t necessarily happen in less heavily reported cases. Now, that sunglassed deppity is going to have to get an even bigger gun to compensate for his hurt feelings …

[Duckster]

Since when does a county sheriff have any jurisdiction on airspace?

[Johnny_L.A]

The Sheriff responds.

Darlington County, S.C., Sheriff J. Wayne Byrd offered responses to some of the most common critiques from pilots after its publication. Byrd explained the decisions that led to the breach of peace charge, acknowledged mistaken assumptions that exacerbated the situation, and said the department had learned lessons on how better to respond in the future…

He defended the department’s initial response to a call from the nuclear power plant security, but said that department staff probably should have realized earlier that the glider was not a threat…

But he defended the decision to hold Robin Fleming overnight and charge him with breach of peace. He said the local FBI had told them to hold the pilot for questioning, something they couldn’t do without a charge. The breach of peace charge is minor, he said, used for anything out of the ordinary, especially something that causes a law enforcement response…

He added that the handling of the situation was affected by “not being familiar with the operation of an aircraft like his, and not having dealt with a situation like this before, and quite frankly, the assumption by the plant, us, and the local and federal agencies that there was a restriction over the plant.”

So basically, ‘We didn’t know what to do.’ [Even after the department’s own pilots pointed out that there is no flight restriction.) ‘Hey, Security called us. We’re just doing our job.’

The department assumed there was a restriction over the plant. I guess it’s true what they say about assumptions: They make an ass out of U and Umption. The department did not have jurisdiction to demand that the pilot land where he did. But pilots tend to follow requests from Authority. It shows he was being cooperative. The situation should have been resolved as soon as the deputy saw the aircraft was a glider, and the pilot showed that the airspace was not restricted. Failing that, they should have backed off when their own pilots pointed out there was no restriction. Instead, they arrest the pilot for ‘breach of peace’. ‘Well, we didn’t have anything to hold him on; but we were inconvenienced and that’s enough.’

Are there terrorists? Yes. Would they like to attack a nuclear power plant? Sure. But terrorists do not exist behind every tree. That this was the default assumption points to how hysteria trumps common sense.

As for a lawsuit:

Fleming had said that his lawyer had told him outside the closed courtroom that the charges would be dropped if he agreed not to sue the department. Byrd denied that the prosecuting attorney made this suggestion.

It looks as if this has become a ‘teaching moment’:

@AOPA Manager of Aviation Security Tom Zecha

"While he said many officers were familiar with glider operations at Bermuda High Soaring, he said a recent call from co-owner Frank Reid helped him and other officers better understand how gliders work. Most were amazed that the nonpowered craft could cover the territory they do and stay aloft as long as they do, he said. He added that the department is “more than willing to do whatever we can to assist pilots and aircraft owners in any way we can.”

I assume ‘he’ is Sheriff Byrd

[Pixel_Dent]

My favorite part of the story was when the helicopter from the sheriff’s department of an adjoining county was called in to help. They pulled out their charts and tried to show Buford T. Justice that no law had been broken. He didn’t want to hear it so the helicopter just left.

[Johnny_L.A]

@Pixel_Dent

My favorite part of the story was when the helicopter from the sheriff’s department of an adjoining county was called in to help. They pulled out their charts and tried to show Buford T. Justice that no law had been broken. He didn’t want to hear it so the helicopter just left.

I thought the helicopter was from that county. I stand corrected.

I don’t think they left because BTJ didn’t want to hear them. The way I read it is ‘What? No, he didn’t do anything wrong. Nothing to see here. Well, glad we could help. Cheerio!’

But yeah. When a law enforcement pilot points out that no law was violated, it should end.

[Duckster]

Scary thought.

This will be the same sheriff who has jurisdiction when there is an “event” at the nuclear plant located within his county.

[Sicks_Ate]

Also scary: Apart from having no felony convictions, there are no real requirements to be Sheriff.

[TriPolar]

I’m not the least bit surprised that the FBI was a major contributor to this fuck up.

[njtt]

@Sicks_Ate

Also scary: Apart from having no felony convictions, there are no real requirements to be Sheriff.

You don’t even have to be alive! I remember when we almost elected a dead guy as L.A. County Sheriff. He didn’t win, but he was still getting the endorsements of the powers-that-were, even after they knew he ws dead.