Phil Boyer serves AOPA's more than 400,000 members around the world.
Every day the 220 people who work for your association are involved in specific problems and opportunities that affect general aviation. These include proactive initiatives involving future technology for our cockpits, efforts to save airports, battles against airspace restrictions, and a host of tactical efforts surrounding GA. On your behalf, we get involved in some issues to prevent a dangerous precedent from being set. It's much like the old saying, "Once a camel gets his nose under the tent, you've got a visitor for the night." Once a new regulation — even a "temporary" one — is created, there's the very real possibility of damaging permanence.
One of the more disturbing situations has been unfolding about 25 miles west of Boston. In a Massachusetts state court, four fellow pilots must defend themselves against a lawsuit brought by private citizens as a result of the fact that the pilots had been legally flying aerobatic maneuvers. You read that right — legally performing aerobatics over a rural neighborhood. These pilots have been singled out by a rogue organization from Ayer, Massachusetts, called Stop the Noise ( www.stopthenoise.org). Using powerful binoculars and skulking around local airports, these fanatics spent up to two years recording N numbers before complaining to the FAA.
After an investigation, the FAA determined that the pilots were indeed flying in accordance with the federal regulations governing the airspace — something that even Stop the Noise admits is true! Not to be deterred by the facts, the group plowed ahead with its lawsuit on the basis that the legal noise overhead (up to and including infinity!) was encroaching on their pursuit of happiness and devalued their lives and homes. They could be seeking up to $1 million in damages from each of the four pilots.
Over the years we've had ample opportunity to successfully defend airports against noise-related issues and, in some cases, resulting lawsuits. We've learned that the time is long gone when pilots can simply proclaim that "the airport was here first!" That's one of the reasons we developed the Flying Friendly video and brochures, which we sent to every FBO and flight school in the country some five years ago. Ironically, in that same period, AOPA also partnered with Massport, which operates Boston area airports, to supply extra copies to every pilot based at Hanscom Field, where the offending airplanes may have been based. The Flying Friendly program provides some simple commonsense things pilots of all types of aircraft can do to reduce noise and fly with respect for their neighbors.
In the Stop the Noise case, the aerobatics practice box was moved miles away from the airport to an even more remote location. Since the lawsuit was filed, three of the pilots have abandoned flying altogether after having to sell their airplanes to meet legal fees. The lawsuit continues and a court date is expected to be set by midyear. Meanwhile, if you check the Stop the Noise Web site (and get ready to be upset), you will see that they have expanded their scope and now have their sights set on motorcycles and the coming Sport Pilot movement.
What concerns us — and should concern every pilot — is that, taken to its improbable conclusion, every pilot in the United States could be adversely affected by this case. This lawsuit isn't about breaking any regulations; it's about someone complaining about legal noise overhead. That puts the pilot of a single-engine trainer flying at 2,500 feet and the pilot of a Boeing 757 flying at 35,000 feet in equal jeopardy.
This is a case we must win to prevent a dangerous precedent. AOPA is fully prepared to take this through the federal court system if necessary. For this reason I recently flew to Hanscom Field to present a significant financial donation to the defense teams. Both of the lawyers I met are AOPA members and AOPA Legal Services Plan panel attorneys. As one of them stated at the meeting, "This is a case we must fight, and fight hard." At the request of the defense teams, AOPA attorneys prepared extensive legal research to help defend the pilots against the "nuisance" allegation. In addition, we will, when appropriate, file an amicus curiae ("friend of the court") brief in further support.
We are greatly concerned about the news coverage in the local newspaper. Two recent articles in the Ayer Public Spirit presented only the views of the noise group. AOPA feels it is important that the editors of Public Spirit have all the facts about GA — including the fact that Hanscom Field employs about 300 people and generates about $100 million in economic benefit to the immediate area — so they can present a fair and balanced story. As part of our trip to that area, my team and I stopped in to see the newspaper's staff. I'm delighted to tell you that the reception could not have been warmer. The staff was appreciative of our visit and the "big picture" that we provided for them. The managing editor told us that, as a child, she would often lie in the grass and enjoy watching the small airplanes pass overhead. We're in the process of arranging an air tour for the staff to see their area from a new perspective — compliments of one of our members based at Hanscom.
The lesson from this is that the facts about GA are "friendly." It's important that we get those facts out to a general public that often gets its information from biased or uninformed sources. Let this be a lesson to all of us to fly friendly with respect to noise. Be assured that your association will make every effort to prevail in the Stop the Noise court case — on behalf of all pilots.
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