ANN ARBOR, Mich. (Michigan News Source) – When the Michigan Coalition of Drone Operators takes flight against the University of Michigan in court on December 17th, all eyes will be on whether the university’s ordinance banning drone flights over its properties can stay airborne.

According to Dronelife, at the crux of the case is whether the regents’ drone ban infringes on state and federal airspace regulations – or if U of M has a successful argument that sets the university apart from local governments.

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Drone operators argue that the university’s drone ban violates FAA’s dominion over U.S. airspace and Michigan’s drone preemption law which doesn’t allow local governments in Michigan to create their own drone regulations unless explicitly permitted by state law.

Meanwhile, the university’s regents claim their legal position puts them outside the constraints placed on “political subdivisions” as described in state law. The ruling could either clip the wings of university bans or set a precedent that could clear the runway for similar policies nationwide.

FAA authority: the big bird in the room.

Federal law makes it clear: the FAA is the pilot in charge of U.S. airspace. Drone operators say that Michigan’s preemption law aligns with this, effectively grounding rogue bans by counties and municipalities. However, the University of Michigan insists it operates at a different level and isn’t a “subdivision” of the state.

The Coalition of Drone Operators, however, sees the ban as a prelude to chaos, warning it could lead to fragmented, unenforceable airspace rules.

Dean Greenblatt, the Coalition’s attorney says about the ban, “The drone ordinance not only bans the overflight of university property, it criminalizes it, makes it a 90-day misdemeanor with a minimum of 10 days in jail. So, when I say it’s pernicious, I mean it’s pernicious.”

Greenblatt explains to Dronelife that the court hearing will address a motion from the university seeking to dismiss the case. Meanwhile, the plaintiffs have filed their own motion aiming to have the university’s ordinance declared unlawful. A decision on these motions could be issued anytime between two days and two months after the hearing, he added.

A high-stakes landing.

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This isn’t the first time the Coalition has soared into a courtroom. Having previously dismantled county-level bans, they’re banking on the Michigan Court of Claims to deliver another victory.

For drone operators, the stakes are high. A loss could leave operators navigating an obstacle course of patchwork regulations, while universities may see the ruling as a golden parachute to be able to control their campus airspace.

Cleared for takeoff?

As the December 17th hearing approaches, legal experts and drone enthusiasts alike will be watching closely. The ruling could either send the university’s ordinance into a tailspin or provide a smooth landing for more restrictive policies across the nation.

Navigating the nation’s drone dilemmas.

All this comes on the heels of heightened sensitivities across the country as significant numbers of drones have been reported hovering above sensitive sites in the United States.

Since mid-November 2024, New Jersey has experienced numerous nighttime sightings of large, mysterious drones, some reportedly as big as SUVs. These drones have been observed near sensitive locations, including the Picatinny Arsenal military base and President-elect Donald Trump’s Bedminster golf course, raising concerns among residents and officials.

The drones often operate in groups, exhibit sophisticated capabilities, and sometimes “go dark” when spotted, suggesting advanced technology. Different branches of the U.S. government have told the public there is nothing to be concerned about; however, they can’t or won’t disclose where the drones are coming from or their purpose.

Drone expert Brett Velicovich, who is also a former U.S. Army intelligence and special operations soldier, was on Fox News recently and said whether the drones are “friendly or foe, our government has a lot of explaining to do” and says he finds it difficult to believe our government doesn’t really know anything about the situation.

Velicovich warns that an “adversary” could be behind the mysterious drone activity, exploiting what he describes as a “security vacuum” during the government transition to probe and test U.S. defenses. He criticized the current presidential administration as “feckless” and “weak” for failing to address these threats, arguing that the country is woefully unprepared to counter the advanced drone technology being deployed. His stark assessment serves as a reminder that as drone capabilities evolve, so must our national security strategies.