Tuesday, January 15, 2013

Private Pilot Nearly Shot Down for Violating "Secret No-Fly Zone"

William Grigg reports:
[...] 70-year-old private pilot Robin Fleming learned that Darlington County – or at least the airspace above it – is already subject to a form of martial law.
Fleming, who belongs to the Bermuda High Soaring aviation club in Lancaster, South Carolina, went for an afternoon glider flight last July in Darlington County. His course briefly took him over the HB Robinson Nuclear Generating Station near Lake Robinson. As he was preparing to return to Lancaster, Fleming lost radio contact with the other members of the club. Hours passed as his friends imagined the worst. Finally they filed a missing aircraft report, and a search began. To their relief, Fleming contacted them – only to leave them horrified when they learned what had happened.
After Fleming passed over the power plant, he was ordered to land his glider, which he did as soon as prevailing wind currents permitted. Once he was down on the ground, Fleming was swarmed by law enforcement. 
Fleming was informed that he had violated a “secret no-fly zone.” This was an entirely spurious claim: There is no such thing as a domestic "no-fly zone," secret or otherwise. That term, significantly, is used to describe aerial blockades imposed by the military -- generally under the purported authority of a multilateral body, such as the UN or one of its regional affiliates -- against a "rogue nation," such as Iraq or Libya. The Homeland Security Department apparently considers itself entitled to impose similar restrictions wherever it chooses, and do so without bothering to inform civilian pilots or make suitable notations on FAA-produced sectional aviation charts.
Despite the fact that he had done nothing wrong, Fleming was handcuffed, charged with “breach of peace,” and held for more than 24 hours before being interrogated by FBI and Homeland Security officials. The charges were dismissed after he showed the investigators that the zone wasn’t marked in aviation charts – but he was required to sign a document promising that he wouldn’t file a lawsuit against the officials who had illegally detained him.  He later learned that local police officials had made preparations to shoot down his glider if he hadn’t landed as quickly as he did.
Fleming did nothing illegal – yet he was brutalized by people who had been prepared to kill him, and could have done so without consequences. Such is life in our Homeland Security State.

17 comments:

  1. "Fleming was informed that he had violated a “secret no-fly zone.” "

    Why the hell should he have known he was violating a "secret no-fly zone"?
    It's SECRET!!!

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  2. When the Darlington County Sheriffs office was called out on their FaceBook page posts were deleted, and then it was removed.

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    1. Really? Did anyone get screenshots?

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  3. but he was required to sign a document promising that he wouldn’t file a lawsuit against the officials who had illegally detained him.

    Surely that wouldn't stand up in any court, would it?

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    1. Um... not a lawyer but any signature given under duress (threat of imprisonment, for example) shouldn't be worth the ink its signed in.

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  4. While we can quibble about semantics, there are lots of "no-fly" zones in the U.S. -- especially since 9/11 -- where you can theoretically be shot down if you violate the zone. You will certainly be greeted by the "authorities" if you violate the space, and they can catch you (which, usually, they can -- it's difficult to outrun radar unless you're close to the mountains or some other obfuscating obstacles).

    These "no-fly" zones are called "Temporary" Flight Restrictions (TFR). Many of these have been in continuous operation for years, and most are ridiculous. They are security theatre akin to TSA airport security.

    For instance, there is a Disneyland TFR that has operated for many years continuously. You can actually fly though this TFR if you're talking to air traffic control (ATC) because, obviously, a terrorist would never do that. In fact, if you're flying from Fullerton to John Wayne, it's almost impossible not to fly through the TFR unless you do a lot of maneuvering through high-traffic areas to get above the TFR.

    The Disney TFR has a 3 nautical mile radius from the ground to 3000 feet above ground level (AGL) and is centered on Disneyland. Let's assume for a moment that there are any actual plans to defend against an aircraft attack on Disneyland. An airplane can legally fly at 3001 ft. AGL over the center of Disneyland. Then, that aircraft could chop the power, pull back on the yoke, kick right (or left) rudder, and spin toward the ground with whatever evil device that happens to be on board. Assuming some defense could blow the airplane out of the sky without activating the evil device, they would have -- generously -- 10 seconds to react. They couldn't possibly react to that threat..

    Don't worry. I'm not giving away any secrets here. Any terrorist who wanted to do this could easily figure this out. Terrorists aren't as stupid as the FAA/Homeland Security wants the sheep to believe.

    It's Theatre of the Absurd (or, more appropriately, "idiotic").

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    1. What I should have also added is, that in the case of Disney, this is almost certainly just a crony capitalistic use of a tragedy with resulting national "security concerns" to keep airplane noise away from the customers.

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  5. Arrested for violating a "secret" no fly zone??? Clearly the inmates have escaped from the asylum. Government has now reached the point of total absurdity, and is just in the fucking way. Time to dismantle this farce, and let them do something they are qualified for. Picking fly shit out of pepper comes to mind...

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  6. I doubt any document signed would hold up due to duress. The lack of the area being marked on the charts violates due process unless there was a TFR, NOTAM. Etc.. With the new 'pilots bill of rights' he should have a go at them. Intentional infliction of emotional distress, assault, battery, kidnapping, , any damage to the glider or getting it back to his airport, etc. to name a few. He also should have said, 'I do not consent to any searches. I have nothing further to say until I talk with my attorney and demand to talk with him now.'

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    1. The only problem with invoking the lawyer card, is that under the new rules for non-combatant arrests, is that he could be held indefinitely without contact to the outside world. Good thing he was up with a group of people, otherwise this could have gone another way... no witnesses, no victim - right?

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  7. Was he put on double secret probation?

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  8. Well, I wouldn't jump to any conclusions. The commenter's who wrote about TFR's and NOTAM's have it right.

    I left the airlines, where I was a line captain, and had served as a check airman and company instructor too with 15,000 hours.

    Before the airlines I did corporate and before that taught. I had a lot of 70 year old students. Not to stereo type, but most of that group weren't into the laws/regs or checking NOTAMs. That shit doesn't have to be on a chart. A president pops in to podunk USA and they restrict the fucking airspace with a Notice to Airmen.

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    1. All true, but the question is whether any of those were in place at that location.

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  9. Good thing he wasn't Muslim or he would have found himself on a Landmark Aviation charter flight to Guantanamo Bay.

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  10. When people claim we don't have a police state or ask why we "need" self loading ar 15 rifles, this is the perfect counter example.

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  11. I work in the nuclear power industry. The plants aren't no fly zones per se. They are temporarily restricted airspace. I'm not sure of the exact wording, but basically you have to inform the plant in advance of your flight plans or you are considered to be a security threat. You can't just fly over them, just like you can't simply walk into them. Nuke plants are surrounded by layers of razor wire for a reason.

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    1. What a duffus! Who in their right mind would glide over =Foukashima,BEFORE OR AFTER? If he had had a home made bomb on board you'd be thanking the team that nabbed him. I've lived near a plant on a lake and anyone knew not to dangle over the frickin' nuclear plant. It makes my hair stand up on the back of my neck picturing this. I can't believe you guys!

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