RaceDayQuads LLC v. FAA (Lawsuit Challenging Drone Remote Identification Regulations)

By | March 18, 2021

Are you interested in learning more about the RaceDayQuads LLC v FAA lawsuit?

The lawsuit is seeking to strike down the drone remote identification regulations as illegal.

This article is designed to help you understand the back ground, the issues, and what’s at stake.

Background

December 31, 2019, the FAA proposed the remote identification regulations. 53,000+ people commented in response to this proposal. January 15, 2021, the FAA published in the Federal Register the final remote identification rule. On March 12, 2021, RaceDayQuads filed a petition for review in the United States Court of Appeals for the District of Columbia Circuit.

There were all sorts of shocking things that happened behind the scenes with this rulemaking such as multiple secret meetings the FAA with outside parties which were intentionally kept out of the public eye and were never fully disclosed on the record.

On top of that, the final rule largely ignored a particular group of unmanned aircraft flyers – the first person viewing drone flyers. All of this forced the hand of the FPV community to strike back in defense of their constitutional rights and freedoms.

For a complete breakdown on all of the FAA hidden meetings with private industry (T-Mobile, Airmap, Amazon, etc.) as well as the massive government surveillance plan that was exposed, head over to my article on remote identification.  DHS and the FAA tried to keep all sorts stuff hidden but we obtained the documents.

RaceDayQuads has a dedicated page explaining things here.

RaceDayQuads Press Release

RACEDAYQUADS.COM V. FEDERAL AVIATION ADMINISTRATION
A court case in defense of all drone pilots and model aviators.

Orlando, FL: On March 12th, 2021, RaceDayQuads.com (RDQ) and its CEO, Tyler Brennan, filed suit against the Federal Aviation Administration (FAA), and its recent rule titled Remote Identification of Unmanned Aircraft (RID, originally published 1/15/2021 at 86 Fed. Reg. 4390). The case against the FAA was filed in the United States Court of Appeals for the District of Columbia Circuit (Document #1889968).

This case is about protecting the constitutional rights and freedom to fly of millions of active drone and model aviation hobbyists by upholding the rule of law through challenging the FAA’s illegal law in court. RDQ and Tyler Brennan are defending our constitutional rights and freedom by confronting the FAA’s rulemaking as violating multiple constitutional protections and rampant with unlawful arbitrary and capricious decision making, some of which was done intentionally behind closed doors out of the eyes of the public. Everyone is under the rule of law -including the FAA. The FAA is not free to differ from what the law requires.

This rule, among other things, largely would require anyone who flies almost any form of model aviation outside of a select and sparse group of special areas known as FAA Recognized Identification Areas, to affix a special transmitter to their model or drone which broadcasts their location and unique identifier. This rule is just the initial form of Remote Identification, and there will be additional requirements later imposed that we are not fully aware of presently but will be revealed when manufacturers attempt to obtain FAA approvals for standard ID aircraft or broadcast modules, when non-profits attempt to be recognized as a Community Based Organization (CBO), when a CBO or educational institution applies for FAA Recognized Identification Areas designation, and when the FAA attempts another rulemaking to fix the session ID issue for standard ID aircraft.
Brennan & RaceDayQuads believe this rule, and what will likely come in future regulation, is damaging to current and future hobbyists. “While we understand the need for a way to safely integrate certain UAS into the national airspace, this need for integration does not somehow deprive constitutional and statutory protections from millions of everyday hobbyists who, largely, have safely operated their quadcopters and models for many years without such regulatory oversight” said Brennan. Brennan and his company are taking the FAA’s rule very seriously, going on to say, “The stakes of this case cannot be understated, as its outcome will affect not only the current RID rule, but also its future restricting manifestations. Thus, we see the case as being in defense of all present and future rights and freedoms of hobbyists. The time to fight this is now so that precedents are not set by this rule, certain precedents which would allow for much more harsh regulations and versions of RID to stand in the future.”

RDQ’s goal is to allow current and future drone and model aviation hobbyists to continue flying safely without the need to broadcast their information or be inhibited by any regulation which fails to comply with constitutional protections, fails to follow rulemaking procedures, fails to listen to the comments of those the rule would affect, is founded upon inaccurate risk assessments and data, or fails to provide an overall benefit to the American people.

RDQ is a privately owned small business and is actively collecting financial donations in support of the suit against the FAA (www.gofundme.com/f/savefpv). We hope you will donate if RID negatively affects you.

ABOUT RDQ: RaceDayQuads.com was formed in 2016 by its owner & CEO, Tyler Brennan, and is based out of Orlando, FL. RDQ specializes in the e-commerce distribution and support of First Person View (FPV) Drones, accessories, and parts. As one of the world’s largest FPV distributors, RDQ serves 250,000+ customers annually and regularly backs or donates to causes which promote the healthy growth of FPV drones and model aviation.

For more information or press inquiries, please contact RaceDayQuads at [email protected]

Attorneys for RaceDayQuads LLC

Ms. Kathleen Ann Barbara Yodice of Yodice Associates

From her page:

Kathy Yodice has been representing aviation legal interests for almost 30 years, beginning her career as an FAA prosecutor and regulatory lawyer, before then moving into private practice defending air carriers, commercial operators, repair stations, pilots, and mechanics against FAA enforcement actions and assisting entities and individuals in aviation compliance matters, medical certification concerns, and aviation-related business and transactional issues. Ms. Yodice is a frequent lecturer on aviation legal issues involving flight activities, aircraft acquisitions, airports, medical certification, maintenance, and insurance. In addition, Ms. Yodice regularly authors columns for the aviation community.

Ms. Yodice received her law degree from the University of Maryland School of Law and a Bachelor of Arts degree, cum laude, from Frostburg State University, where she concentrated her studies on psychology and mathematics. Ms. Yodice is admitted to practice in Maryland and the District of Columbia, as well as the U.S. Courts of Appeals for the 4th, 5th, 8th, 7th, 9th, 10th, 11th, and District of Columbia Circuits and the U.S. Supreme Court. She is an active member of the Maryland and D.C. Bar Associations, the Lawyer Pilots Bar Association, and the International Air & Transportation Safety Bar Association. Ms. Yodice is a Past President of the Lawyer-Pilots Bar Association and currently sits on their Board, and she served on AOPA’s Board of Aviation Medical Advisors and the Board of the Civil Aviation Medical Association. She was appointed to, and continues to serve on, the Editorial Board for the ABA Forum on Air and Space Law, and she is a former long-time panel member in the Transportation Research Board’s Airport Cooperative Research Program. She is also an active member of many aviation and legal organizations, including AOPA, NBAA, Civil Aviation Medical Association, Cub Club, United States Pilots Association, Aero Club of Washington, and Women In Aviation, International.

Ms. Yodice is an instrument rated private pilot. She learned to fly in the family’s 1946 Piper J-3 Cub, and formerly co-owned a 1968 Piper Cherokee 180 with her brother.

Mr. Jonathan Rupprecht

Jonathan Rupprecht is a drone lawyer and a FAA-certificated commercial pilot with single-engine, multi-engine, and instrument ratings. He is also a FAA-certificated airplane flight instructor and instrument flight instructor. He currently is a contributor to Forbes.com for Aerospace & Defense.

The American Bar Association has published a legal treatise on unmanned aircraft law that Jonathan co-authored with other drone attorneys called Unmanned Aircraft in the National Airspace: Critical Issues, Technology, and the Law. Jonathan wrote two chapters on administrative law, the FAA rule-making process, the special rule on unmanned aircraft, and a brief history of unmanned aircraft. Jonathan also authored another book called Drones: Their Many Civilian Uses and the U.S. Laws Surrounding Them.

He was first an advisor for one of the amicus briefs for the highly publicized Huerta v. Pirker case. Jonathan worked with John Taylor on the Taylor v. FAA case which in May 2017 resulted in the Federal District Court of Appeals for D.C. striking down the FAA’s registration regulations. He also briefly helped on the Singer v. City of Newton case.

More info here.

Mrs. Elizabeth Mae Candelario

From bio page:

PARTNER

Elizabeth Candelario is a partner with Parlatore Law Group who focuses on administrative law issues, aviation, and lobbying compliance. She brings her significant breadth of experience, knowledge base, and enthusiasm to each issue she tackles, whether it is providing guidance and advice, regulatory interpretation, or crafting an argument. Her thorough analysis and focus on the unique circumstances and legal nuance of each case make Ms. Candelario a zealous appellate advocate.

Ms. Candelario has over 11 years of experience representing individuals and organizations in appeals of administrative determinations. She works to help clients in matters involving the FAA, focusing primarily on appeals to the National Transportation Safety Board and the U.S. Courts of Appeal on behalf of FAA certificate holders defending against enforcement action or seeking review of a denial of certification. She also assists military members in appealing to the Board of Corrections of Military Records, and denials of BCMR determinations to the federal courts. She has successfully argued before the U.S. Court of Appeals for the D.C. Circuit Court of Appeals on issues involving the validity and interpretation of FAA procedural requirements. She has particular experience in defending against allegations of intentional falsification. She also represents entities seeking to intervene or participate in cases as amicus curia, both before the NTSB and federal courts. Additionally, Ms. Candelario is experienced in advising companies on regulatory compliance matters.

Ms. Candelario also assists clients in their advocacy efforts, including at the grassroots level, to comply with lobbying disclosure and ethics rules at the federal, state, and local levels. She has extensive knowledge of the requirements of the Lobbying Disclosure Act. She works with clients to provide training on registration triggers and disclosure obligations, provide advice and oversight of the preparation and submission of required filings, and to advise clients in an effort to ensure compliance with ethical requirements and limitations imposed by federal or state lobbying laws.

Ms. Candelario has also worked with non-profit associations to provide legal guidance, draft and review corporate documents, and assist with various issues that arise in the role of general counsel.

In addition to her work with Parlatore Law Group, Ms. Candelario volunteers in the Legal Assistance office at Camp Pendleton, providing advice and mediation services to military members and dependents. She lives in Oceanside, CA, with her husband and two little boys.

Education:

Ms. Candelario graduated in the top 10% of her class at Villanova University School of Law. She completed her undergraduate degree at La Salle University, where she was a member of the University Honors Program and graduated Magna Cum Laude.

Court Filings

Next Steps:

  • Certificate as to Parties, Rulings, and Related Cases  by April 15, 2021
  • Docketing Statement Form by April 15, 2021
  • Procedural Motions, if any by April 15, 2021
  • Statement of Intent to Utilize Deferred Joint Appendix by April 15, 2021
  • Statement of Issues to be Raised by April 15, 2021
  • Underlying Decision from Which Appeal or Petition Arises by April 15, 2021
  • Entry of Appearance Form by April 15, 2021
  • Procedural Motions, if any by April 15, 2021
  • Certified Index to the Record by April 30, 2021
  • Dispositive Motions, if any (Original and 4 copies) by April 30, 2021
  • RaceDayQuads Brief
  • FAA Brief
  • RaceDayQuad Reply Brief
  • FAA Reply Brief
  • Oral Arguments
  • Court Opinion