Enhanced Civil Rights in Home Rule Jurisdictions: Newly Emerging UAS/Drone Use Ordinances

41 Pages Posted: 7 May 2020 Last revised: 30 Jun 2020

See all articles by Jennifer A. Brobst

Jennifer A. Brobst

Southern Illinois University School of Law

Date Written: April 14, 2020

Abstract

As new, disruptive technologies emerge, the federal government tends to proceed cautiously and often should. State and local units of government, particularly in home rule jurisdictions, may have more potential to respond quickly to innovative technology and its potential threat to civil rights. Unmanned Aerial Vehicles, commonly known as drones, or Unmanned Aerial Systems (“UAS”), which include the drone’s operator equipment and software, demonstrate this legal challenge regarding intrusions on persons and property. This article reveals the breadth and flexibility of local ordinances in the United States that permit and restrict drone usage in a way that protects the civil rights of its local residents, and at a point in time before preemption challenges close off such innovation.

Keywords: drone, UAS, privacy, preemption, state constitution, nuisance, trespass, air space

Suggested Citation

Brobst, Jennifer A., Enhanced Civil Rights in Home Rule Jurisdictions: Newly Emerging UAS/Drone Use Ordinances (April 14, 2020). 122 W. Va. L. Rev. 741 (2020). Available at SSRN: https://ssrn.com/abstract=3575216

Jennifer A. Brobst (Contact Author)

Southern Illinois University School of Law ( email )

1150 Douglas Drive
Carbondale, IL 62901-6804
United States
(618) 453-8702 (Phone)

HOME PAGE: http://law.siu.edu/our-people/faculty/law-faculty/brobst.html

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