Man faces jail for flying drone over Hangout Fest: Why it’s illegal

Most of the dozens of arrests made during last weekend’s Hangout Festival in Gulf Shores were what one might expect at an event of that sort: drug use, public intoxication, disorderly conduct, and the like.

But one arrest caught our eye: “Prohibited operation of an unmanned aircraft system.”

Det. Carl Wittstruck of the Gulf Shores Police Department explained that it’s illegal to fly a drone over Gulf Shores beaches, as well as over venues where events like the Hangout Fest are being held.

A 25-year-old Foley man, however, either unaware of the law or in disregard of it, flew his drone over the festival — not once, but twice.

“This gentleman flew his drone over the event the day prior (to his arrest),” Wittstruck said.

“He actually buzzed our (police) drone, like in Top Gun. I don’t know if he knew it was our drone or not, but probably not a smart thing to do.”

The next day, the man did it again. This time, police were waiting.

“Through some resources, we had been able to identify where the drone was launched from the first day,” Wittstruck said. “So we waited.”

Sure enough, the man launched his drone over the festival again the next day.

Already of aware of his location the previous day, Wittstruck said they quickly confirmed his location the second time and officers arrived to take him into custody.

In 2018, Gulf Shores adopted laws prohibiting drones from being flown over public beaches without a permit from the city and the Federal Aviation Administration (FAA). The penalty for violating the ordinance is a fine up to $500 and jail time up to six months.

Neighboring Orange Beach has similar laws, with recreational drones prohibited above the beaches there. Commercial and special event drone usage is allowed, but requires a permit from the city. Commercial real estate drone filming requires permission from the city and an annual fee.

Alabama has no statewide drone regulations, but the federal government has drone laws that apply nationwide.

Flying a drone as a hobbyist anywhere in the U.S. requires the operator to take the FAA’s Recreational UAS Safety Test (TRUST). Operators are also required to follow the FAA’s recreational model aircraft rules.

Those who fly a drone for commercial purposes are required to meet the provisions of the FAA’s Part 107 Small UAS Rule, which includes passing the Aeronautical Knowledge Test to obtain a Remote Pilot Certificate.

Wittstruck said arrests such as the one during the Hangout Fest will likely become more common in the coming years.

“For us, it’s about safety and security,” he said. “You can’t tell in this day and age what a drone may be used for. People are using drones for all sorts of things these days, good and bad.”

Wittstruck noted the Jack Edwards Airport is nearby, requiring even the police to get permission before launching their drones.

“We’ve got commercial aircraft coming through here,” he said. “When we use our drones, we have to get clearance from the tower. We have to make sure we’re not in an area where we shouldn’t be.”

“For $300 you can buy a good quality drone,” Wittstruck added. “You don’t know what the training or experience level is of some of these hobbyists. Certainly there are those who are proficient, understand what they’re doing and follow the laws and regulations. But there are certainly others who don’t.”