The protests against the Dakota Access Pipeline (DAPL) have created many historic moments, both good and bad. The protests constitute one of the largest international gatherings of indigenous people in more than 150 years. In a victory for Native advocates, they pushed the Department of the Army to that it would look for an alternate route for the pipeline. The DAPL has also attracted a troubling pattern of excessive force: law enforcement agencies have deployed tear gas, rubber bullets, concussion grenades, mace, and water cannons against hundreds of peaceful protestors.
But due to temporary flight restrictions (鈥淭FRs鈥� or 鈥渘o-fly zones鈥�) instituted by the Federal Aviation Administration (鈥淔AA鈥�), too few of those newsworthy moments have been captured on photo or video.
Since large-scale protests began near Standing Rock, the FAA has instituted three no-fly zones that have banned all civilian aircraft鈥攁nd therefore prevented any aerial footage for news reports鈥攆or miles around the protests. This prohibition is particularly powerful in the area near Standing Rock鈥攁 rural, widespread, and sparsely-populated area where comparable information is impossible to obtain on the ground.
The bans were in place for more than 30 days between October 24 and the middle of last week, and they forbade drone cameras from recording many high-profile events over that time, including various weapons and alarming military equipment against individuals on October 27, and the Army Corps of Engineers sending an eviction notice to the chairman of the Standing Rock Sioux Tribe on November 25. This only added to the obstruction journalists were already facing from local police, including , , , and the .
The FAA claims that the TFRs included special provisions for media to operate aircraft within the no-fly zones. But the actual text of the TFRs did not tell reporters how to seek an exemption. And the 鈥攖elling one indigenous videographer that 鈥攗ntil it finally from the most recent ban.
By instituting these broad no-fly zones above hotly-contested law enforcement operations, the FAA has been complicit in denying the public鈥檚 right to gather and access information about a matter of immense public debate and concern鈥攎uch as it was complicit when it decided to institute a no-fly zone over Ferguson in 2014. And by failing to consult with the Standing Rock Sioux Tribe before instating the bans, the FAA has also contravened the obligation federal agencies have to consult with a sovereign tribe before taking any action that directly affects the tribe. These failures are troubling. But these failures also give the FAA an opportunity to demonstrate that it recognizes and respects the rights of protestors, reporters, and indigenous people.
To that end, the 老澳门开奖结果, the 老澳门开奖结果 of North Dakota, and the Floyd Abrams Institute for Freedom of Expression sent the FAA a letter on Friday requesting that it change its approach to TFRs. Specifically, we asked that the FAA ensure that 鈥渘o-fly zones are not physically larger or longer in duration than strictly necessary to preserve public safety鈥�; that 鈥渇light variances are available and granted to media entities whenever consistent with public safety鈥�; that 鈥渁ny no-fly zones are based on supported facts that justify such an extreme measure鈥�; and that the FAA consult the Standing Rock Sioux Tribe before instituting any future TFR.
As we did in response to the FAA鈥檚 no-fly zone over Ferguson, we invited the FAA to refuse any attempts to enlist it in restricting the rights of protestors, reporters, and indigenous people. This time, let鈥檚 hope it accepts our invitation.
