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View Full Version : Texas Equusearch wins its case, Judge rules all FAA cease-and-desist orders are bogus



aggro5288
18th July 2014, 06:18 PM
Just decided in DC Appeals Court:

http://motherboard.vice.com/read/the-faas-cease-and-desist-orders-to-drone-pilots-are-bogus-appeals-court-rules


"The email at issue is not a formal cease-and-desist letter representing the agency's final conclusion that an entity has violated the law," the judges wrote. "The [FAA] employee did not represent the consummation of the agency's decision making process, nor did it give rise to any legal consequences."

In other words, because the FAA's letters to the group (and to all the companies flying drones) don't actually say what the punishment for disobeying the agency is, they are null-and-void. And because there's no actual regulation that the FAA can lean on to spell out a punishment, it seems there won't be any real cease-and-desist orders sent out any time soon.

Pushjerk
18th July 2014, 09:49 PM
This:

"...in its own argument in the case, the FAA said that pilots should ignore its orders because they aren't actually orders in a roundabout attempt to get the case thrown out in order to keep drones in legal limbo."

Flying Monkey
19th July 2014, 01:43 AM
WOOP WOOP WOOP!!! :D

Dust
19th July 2014, 10:10 AM
2 outta 2. Feels good!

xjet
19th July 2014, 05:39 PM
How many do we need before a class-action lawsuit for barratry can be taken against the FAA by all those who have received Cease and Desist warnings?

Mike Freas
19th July 2014, 11:58 PM
The FAA says it won the case.

"The court’s decision in favor of the FAA regarding the Texas Equusearch matter has no bearing on the FAA's authority to regulate UAS. "

Think that was a typo?

http://www.faa.gov/news/press_releases/news_story.cfm?newsId=16674

SilentAV8R
20th July 2014, 12:09 AM
They did "win". They filed for dismissal of the case and the judge agreed. But in doing so it was made clear that only the Office of the General Counsel can issue a cease and desist order and it must cite specific FARs that were violated and the associated punishment/penalty. So yep, they got the case dismissed by revealing that they have been intimidating people when they have no actual authority. They call that "winning." Reminds me a Charlie Sheen!!

Channel 1
20th July 2014, 07:07 AM
So yep, they got the case dismissed by revealing that they have been intimidating people when they have no actual authority. They call that "winning." Reminds me a Charlie Sheen!!

It certainly demonstrates how warped the thought pattern of a D.C. bureaucrat can become.

49297
Wayne

bmschulman
21st July 2014, 01:02 AM
By the way, as a result of the decision, Texas EquuSearch is resuming use of the technology immediately.

Lhaffinatu
28th July 2014, 06:52 PM
Did they ever really stop using UAV's? After watching the documentary about EquuSearch on YouTube, I was under the impression they were still using Gene Robinson's UAV's, just quietly so as not to invite attention from the FAA.


https://www.youtube.com/watch?v=EKMm_DZpVTg

bmschulman
1st August 2014, 12:56 AM
They did in fact cease flying when they got the written directive in February. They resumed yesterday. Here's a report, video and photos.
http://montgomerycountypolicereporter.com/drone-being-used-in-search-for-magnolia-man/

Punky Skunk
1st August 2014, 10:06 PM
http://www.theguardian.com/world/2014/aug/01/drones-uav-faa-police
recent news and about texas group.

GLEvideo
2nd August 2014, 09:44 PM
They did "win". They filed for dismissal of the case and the judge agreed. But in doing so it was made clear that only the Office of the General Counsel can issue a cease and desist order and it must cite specific FARs that were violated and the associated punishment/penalty. So yep, they got the case dismissed by revealing that they have been intimidating people when they have no actual authority. They call that "winning." Reminds me a Charlie Sheen!!

It's like the FAA saying, "I'm sorry I called you stupid, you idiot!"

Punky Skunk
2nd August 2014, 10:06 PM
kinda funny when they combine all their years of experience then pass the buck when it goes south at 95mph....