“I have had discussions with U.S. Federal Aviation Administration (FAA) and state officials to identify what we can do. Due to the ambiguities of city, state and federal law, there is a need for legislation to add more clarity. Right now, we have federal and state laws that need further explanation,” said Brower. “Our skies are under federal and local jurisdiction, but state airport officials issue contracts and agreements with pilots and businesses. While the FAA has indicated that plane operators need to abide by state law and county ordinance, the contract signed by the particular pilot in question did not specifically allow or deny the operation of a tow banner business.”
The plane operator, Aerial Banners North (ABN), has received a federal waiver to conduct banner towing operations nationwide, but state and city officials have strongly asserted that aerial advertisement is illegal under local law. ABN has argued that the waiver allowing them to operate across the nation, and in Hawaii, supersedes any state or county prohibitions.
On Monday, the Federal Aviation Administration clarified that the waiver granted to Aerial Banners North which authorizes the company to conduct banner towing operations nationwide, “does not waive any state law or local ordinance. Should the proposed operations conflict with any state law or local ordinance, or require permission of local authorities or property owners, it is the operator’s responsibility to resolve the matter.”
“I care about the threat of aerial banners flying over Hawaii's tourist destinations, ruining the natural beauty, interfering with outdoor recreation and enjoyment of residents and tourists. Most importantly, if we don't act, this will set a bad precedent, opening the flood gates for more aerial advertising in Hawaii's skies,” added Brower, Chair of the House Tourism Committee.