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No drones in the sky

Tom Hasslinger | Hagadone News Network | UPDATED 11 years, 8 months AGO
by Tom Hasslinger
| March 16, 2013 9:00 PM

COEUR d'ALENE - You've probably seen the Time magazine cover.

The front of the February issue shows an Unmanned Aerial Vehicle hovering over a suburban home, with the title of the lead story in big, bold print: RISE OF THE DRONES.

Inside, the article details how drones are being used more and more in everyday life: From military battlefields to real estate marketing.

But the cover alone was eye catching.

"I think the cover got a lot of people's attention," said Jared Festner, a Coeur d'Alene resident who wants the city, if not Idaho, to craft its own legislation seriously restricting drone use locally. "It does get the issue out there."

Idaho lawmakers are considering a bill that would let law enforcement and government agencies use drones to perform surveillance and investigate suspected illegal activity. It would also allow them for commercial photography but prohibit spying on neighbors.

Sen. Chuck Winder's bill was tabled as some questions on its legality came up.

But if the state doesn't act, Festner said, Coeur d'Alene should by being the first municipality to restrict drone use if state legislators don't.

Doing so would close loopholes on what should or shouldn't be allowed after President Barack Obama signed an aviation bill in 2012 requiring the Federal Aviation Administration to integrate drones into American airspace.

One benefit of drones is that investigators can increase surveillance with less manpower, just as the military can increase combat strikes without solders.

But the chief concern - and not just for Festner - is that it's too much surveillance: The potential abuse of power could make it easy to infringe on citizens' Fourth Amendment rights.

"I'm not saying right now they're going to start using drones to start killing American citizens," Festner said, of any local threat, referring to a leaked federal Justice Department memo that states American citizens can be the target of a drone strike abroad if they're seen as a threat against the nation. But "the reason you don't live in a house that's made out of glass is because you want privacy."

Thirty-two states introduced legislation on drone use this year, according to news reports.

Coeur d'Alene officials said they'll wait and see what the state does before siding one way or the other. Researching the pros and cons would have to be done, Mayor Sandi Bloem said, while other officials said the difficulty of enforcing a drone rule would likely make a city ordinance more of a ceremonial statement than a law meant to punish.

A flat out no-fly ordinance could be tough, others said, especially since real estate agents could use drones to capture properties for business. The Time article also described how hunters use them for hunting.

"We have no enforcement ability," said Dan Gookin, city councilman. "It would be a statement, but again, it would be a ceremonial thing."

The FAA controls the country's airspace. One thing cities can do is restrict their police departments from using them. The Seattle City Council, according to the Seattle Times, took up the issue recently.

But drones aren't in the budget for Coeur d'Alene's department, Gookin said, adding "I don't think it's an issue for us now."

Festner said his goal is to get the conversation started locally, which is why he spoke to the City Council about it last week. The 35-year-old North Idaho College student said he wants to see what the state does first, but a local rule would go far in showing that the city cares about its citizens' rights if the state doesn't act. He said he realizes it isn't an issue knocking on Coeur d'Alene's doorstep yet, but wants the city he loves living in to stay ahead of the pack.

"Stuff doesn't just happen," he said. "It takes someone to go up front."

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