A ban by the coastal California city of Huntington Beach on all aerial advertising flights in its airspace is believed to be the first of its kind in the U.S. The law–should it survive legal challenges, one of which was filed even before the ordinance became effective on October 16–could set a precedent with profound implications for general aviation.
Despite the FAA’s long-established jurisdiction over navigable airspace, the city council claimed the right to regulate and even forbid flight above the surface within its city limits and up to three miles offshore. Citing safety and a need to control noise and pollution from overflights–specifically by banner-towing aircraft–the city of 190,000 has made it punishable by fines of up to $1,000 to fly over the city at any altitude from the surface to infinity. The ordinance specifies banner towing, externally mounted signs and light arrays on any airborne platform, but does not prohibit skywriting or commercial sightseeing flights. Neither does it delineate aircraft by size, weight or engine power.
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